No Agency, No Personal Jurisdiction
We have previously written about decisions that dismissed TCPA claims because plaintiffs could not allege or prove facts establishing that the party making the offending calls was acting as an agent for the named defendant. The Northern District of Illinois recently applied these principles to dismiss claims against a defendant for lack of personal jurisdiction......<BR />By: <a href="https://www.jdsupra.com/profile/Faegre_Drinker/">Faegre Drinker Biddle & Reath LLP</a>

Bad News for Sixth Circuit Creditors as Court Adopts Expansive Definition of Autodialer with Supreme Court Review Pending
The Sixth Circuit has weighed in on an issue with the power to change the course of TCPA litigation nationwide: What constitutes an automatic telephone dialing system, more commonly known as an autodialer? Since the FCC’s 2015 order, which stated that any device with the potential ability to generate a list of numbers was an autodialer, was struck down by the D.C. Circuit as overly broad, the interpretation of “autodialer” has been left to the courts, with two competing interpretations...<BR />By: <a href="https://www.jdsupra.com/profile/Bradley_Arant_Boult_Cummings/">Bradley Arant Boult Cummings LLP</a>

Sixth Circuit follows Second and Ninth Circuits in finding that an ATDS Encompasses Calls Dialed from a List
Twenty days after the Supreme Court granted petition for writ of certiorari in Facebook v. Duguid to review the question of what constitutes an ATDS under the TCPA, the Sixth Circuit issued its own opinion addressing this very question. In Allan v. Penn. Higher Educ. Assistance Agency, Case No. 19-2043 (6th Circ. July 29, 2020), the Sixth Circuit held that “the plain text of [47 U.S.C.] §227, read in its entirety, makes it clear that devices that dial from a stored list of numbers” qualify as an...<BR />By: <a href="https://www.jdsupra.com/profile/Womble_Bond_Dickinson/">Womble Bond Dickinson</a>

Sixth Circuit widens circuit split over TCPA autodialer definition
In Allan v. Pa. Higher Educ. Assistance Agency, the U.S. Court of Appeals for the Sixth Circuit held that the Telephone Consumer Protection Act’s (TCPA) statutory definition of an automatic telephone dialing system (“ATDS”) includes telephone equipment that can automatically dial phone numbers stored in a list, rather than just phone numbers that the equipment randomly or sequentially generates....<BR />By: <a href="https://www.jdsupra.com/profile/Ballard_Spahr/">Ballard Spahr LLP</a>

Sixth Circuit Holds That Stored-Number Systems Meet the TCPA’s Definition of an Autodialer, Deepening Circuit Split to be Addressed by the Supreme Court Next Term
It has been more than two years since the D.C. Circuit found the Federal Communications Commission’s (the “FCC”) discussion of predictive dialers and other equipment alleged to be an automatic telephone dialing system (“ATDS,” or “autodialer”) to “offer no meaningful guidance” on the question. In the absence of an FCC ruling on the remand, multiple courts of appeals have addressed the statute’s definition. In the most recent case, Allan v. Pennsylvania Higher Education Assistance Agency, the...<BR />By: <a href="https://www.jdsupra.com/profile/Kelley_Drye_Warren/">Kelley Drye & Warren LLP</a>

U.S. Supreme Court to Address Major TCPA Issue Next Term, Resolving Circuit Split on Autodialer Standard
Summer in Washington, D.C., is usually a quiet time. D.C.'s summer of 2020 has been anything but quiet, to put it mildly. While there are several existential pulls on our attention this season, we should still take a moment to recognize that the U.S. Supreme Court has agreed to resolve the confounding question of what counts as an autodialer under the Telephone Consumer Protection Act. There surely will be other unresolved issues keeping us up at night, but, by this time next year, we should...<BR />By: <a href="https://www.jdsupra.com/profile/hudson_cook/">Hudson Cook, LLP</a>

TCPA’s 2015 Government-Debt Collection Exception Struck Down- Now What?
The Supreme Court’s recent decision in Barr v. American Association of Political Consultants held the government-debt exception of the TCPA unconstitutional under the First Amendment’s Free Speech Clause. This means that going forward, companies that make “debt-collection” calls on behalf of the federal government can only do so with the prior express written consent of the called individuals......<BR />By: <a href="https://www.jdsupra.com/profile/Sheppard-Mullin/">Sheppard Mullin Richter & Hampton LLP</a>

FCC Affirms Application of Emergency Purposes Exception to COVID-19 Plasma Donation Calls and Texts
On July 28, 2020, the Federal Communications Commission (FCC) issued a public notice clarifying its prior guidance regarding the types of COVID-19-related communications that fall within the “emergency purposes” exception to the Telephone Consumer Protection Act (TCPA). In its Declaratory Ruling of March 20, 2020, the FCC confirmed that the COVID-19 pandemic constitutes an “emergency” under the TCPA, and that calls and texts do not require prior express consent if (i) the caller is a hospital,...<BR />By: <a href="https://www.jdsupra.com/profile/manatt/">Manatt, Phelps & Phillips, LLP</a>

Consumer Law Hinsights – July 2020
Welcome to Consumer Law Hinsights?a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies. This edition highlights our interactive COVID-19 regulatory map, two recent federal appellate rulings, and a selection of recent posts from our blog, Consumer Crossroads....<BR />By: <a href="https://www.jdsupra.com/profile/hinshaw_culbertson_consumer_law_hinsights/">Hinshaw & Culbertson - Consumer Law Hinsights</a>

Sixth Circuit weighs in at the 11th hour, rebalancing a circuit split on the definition of ‘automatic telephone dialing system’
In the wake of the Supreme Court’s grant of certiorari in a case which will settle the rift between US courts of appeals on the issue of what constitutes an “automatic telephone dialing system” (ATDS) under the Telephone Consumer Protection Act (TCPA), the Sixth Circuit published its split-balancing opinion in favor of a broader interpretation. Having decided that devices that dial from a stored list of numbers are subject to the ATDS ban, the Sixth Circuit’s opinion reshuffled the deck, adding...<BR />By: <a href="https://www.jdsupra.com/profile/dentons/">Dentons</a>

The Sixth Circuit Broadly Defines ATDS, Widening The Split Among Circuits Before The Supreme Court Rules Next Year
On July 29, 2020, the Sixth Circuit joined the Second and the Ninth Circuits in expansively defining Automatic Telephone Dialing System (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”). In Allan v. Pa. Higher Educ. Assistance Agency, No. 19-2043 (6th Cir. July 29, 2020), the Sixth Circuit held that “devices that dial from a stored list of numbers”—i.e. “predictive dialers”—qualify as an ATDS under the TCPA......<BR />By: <a href="https://www.jdsupra.com/profile/Sheppard-Mullin/">Sheppard Mullin Richter & Hampton LLP</a>

The FCC Clarifies that Certain Communications to COVID-19 Patients Fall with TCPA’s “Emergency Purposes” Safe Harbor
In a Public Notice issued July 28, 2020, the FCC confirmed that the TCPA’s safe harbor for calls or text messages made for “emergency purposes” applies to calls and text messages made by or on behalf of health care entities to communicate with individuals who have tested positive for COVID-19 to provide them with information…...<BR />By: <a href="https://www.jdsupra.com/profile/Faegre_Drinker/">Faegre Drinker Biddle & Reath LLP</a>

FCC Rules Peer-to-Peer Text Messaging Platform Does Not Violate the TCPA
On June 25, 2020, the Federal Communications Commission (FCC) issued a Declaratory Ruling directly addressing, for the first time, peer-to-peer text messaging in the context of the Telephone Consumer Protection Act (TCPA). Peer-to-peer (P2P) text messaging is a communications technology that enables organizations to use either an online platform or a mobile application to send text messages to recipients from a single sender to a single recipient to initiate a two-way communication. The Ruling...<BR />By: <a href="https://www.jdsupra.com/profile/holland_hart/">Holland & Hart LLP</a>

TCPA Breaking News: The Sixth Circuit Sides With Marks, as the Supreme Court Readies to Step In
This summer has been jam packed with Telephone Consumer Protection Act (TCPA) developments.  The Federal Communications Commission (FCC) issued a decision finding that peer-to-peer text messaging systems were exempt from the statue’s reach, using certain language that may be helpful in arguing to exclude other types of technology....<BR />By: <a href="https://www.jdsupra.com/profile/burr_forman/">Burr & Forman</a>

TCPA Litigation Update — No Knowledge, No Problem
While the U.S. Supreme Court’s ruling in Barr v. AAPC and its decision to grant certiorari in Facebook, Inc. v. Duguid, et al. have rightfully been grabbing headlines, defendants continue to make strides with helpful developments in TCPA fax litigation. The latest comes from the Sixth Circuit in Garner Props. & Mgmt., LLC v. Marblecast of Mich., Inc....<BR />By: <a href="https://www.jdsupra.com/profile/MintzLevin/">Mintz</a>

TCPA Regulatory Update — FCC Adopts Safe Harbor to Encourage Blocking of Unwanted Robocalls; FCC Releases TCPA Clarifications & Updates
FCC Adopts Safe Harbor to Encourage Voice Service Providers to Block Unwanted Robocalls - The FCC adopted a highly anticipated Third Report and Order, Order on Reconsideration, and Fourth Further Notice of Proposed Rulemaking at its July 16 open meeting. The Report and Order adopted a solution voice service providers have long sought — a safe harbor from liability for the good faith blocking of illegal and unwanted robocalls. In fact, the FCC adopted two safe harbors to encourage the blocking...<BR />By: <a href="https://www.jdsupra.com/profile/MintzLevin/">Mintz</a>

AD-ttorneys@law – July 2020 #3
Bumble Settles over Multistate Dating Lawsuit - Company allegedly renewed services without consent - All the Young Dudes - For a while there, online dating was beginning to look IRLish....<BR />By: <a href="https://www.jdsupra.com/profile/baker_hostetler/">BakerHostetler</a>

TCPA Compliance Considerations for the Automotive Industry
Texting consumers is a very effective means to drive engagement and, ultimately, sales. Text messaging has outpaced email when looking at conversion and click-thru rates. In fact, 95% of texts are read in ninety seconds or less after being sent. Texting is unquestionably a great tool to engage consumers, but it is not without legal and regulatory risks. Dealerships must be mindful of the FCC’s Telephone Consumer Protection Act (TCPA) – a regulation that has already put thousands of companies in...<BR />By: <a href="https://www.jdsupra.com/profile/compliancepoint/">CompliancePoint</a>

Real Property, Financial Services, & Title Insurance Update: Week Ending July 10, 2020
Real Property Update - Foreclosure / Standing: Servicer had standing to foreclose where asset management agreement authorized predecessor-in-interest to delegate service of loan and ability to bring foreclosure action and where duties were properly delegated under delegation agreement - Foley & Lardner, LLP v. Unknown Heirs, No. 2D18-2929 (Fla. 2d DCA July 10, 2020) (reversed and remanded)...<BR />By: <a href="https://www.jdsupra.com/profile/carltonfields/">Carlton Fields</a>

Real Property, Financial Services, & Title Insurance Update: Week Ending July 3, 2020
Real Property Update - Premises Liability / Summary Judgment: Trial court erred by granting summary judgment in favor of developer where there was a disputed issue of material fact regarding whether an uncommon design or mode of construction created a hidden danger that a prudent invitee would not anticipate - Echevarria v Lennar Homes, LLC, No. 3D19-1422 (Fla. 3d DCA July 1, 2020) (reversed and remanded)...<BR />By: <a href="https://www.jdsupra.com/profile/carltonfields/">Carlton Fields</a>

Recent Cases Highlight Insurance Marketing Risk
Recent high profile matters serve as a solemn reminder that marketing techniques in the insurance business are highly regulated and that the simple act of marketing an insurance product can be a risky and costly endeavor. These cases make clear the importance to the insurance producer industry of understanding the complex set of marketing regulations in order to avoid regulatory risk....<BR />By: <a href="https://www.jdsupra.com/profile/Genova_Burns/">Genova Burns LLC</a>

Marketing Compliance Checklist for Online Lead Generation
In order to maintain compliance with the TCPA and TSR, as well as more restrictive state laws, the following marketing compliance checklist for online lead generation will help reduce the risk of litigation and minimize consumer complaints....<BR />By: <a href="https://www.jdsupra.com/profile/compliancepoint/">CompliancePoint</a>

Decoded: Technology Law Insights - Issue 2, July 2020
The Editors' Note - Welcome to the second issue of Decoded, Spilman's e-newsletter focusing on technology law, including data security, privacy standards, financing technologies, and digital-based means of conducting business. In this issue, we take a deep dive regarding the proposed amendment to the North Carolina Identity Theft Protection Act. And then, we look at recent developments stemming from a variety of issues including data plumbing, the CFTC, TCPA, presenting factual information on...<BR />By: <a href="https://www.jdsupra.com/profile/spilman_thomas_battle/">Spilman Thomas & Battle, PLLC</a>

Context Matters: An ‘Established Business Relationship’ Can Be Created During a ‘Telephone Solicitation,’ Thus Preventing Subsequent Calls From Violating the TCPA
A federal court has ruled that an “established business relationship” can be created during a call, even if that call is a “telephone solicitation” that violates the Telephone Consumer Protection Act (TCPA). Charvat v. Southard Corp., No. 2:18-cv-190 (S.D. Ohio)....<BR />By: <a href="https://www.jdsupra.com/profile/baker_hostetler/">BakerHostetler</a>

Supreme Court TCPA News: Government Debt Collectors Beware and Autodialers Under Review
The Supreme Court is showing interest in the Telephone Consumer Protection Act (TCPA), which is designed to control certain unwanted calls, and which over the last decade has been a favored tool of the plaintiffs’ bar to collect large class settlements, given the availability of statutory damages of $500 per call or text (which can be trebled if willful). The recent decision in Barr v. American Association of Political Consultants (AAPC) overturns a carve-out to the TCPA that permitted robocalls...<BR />By: <a href="https://www.jdsupra.com/profile/foley_lardner/">Foley & Lardner LLP</a>

The Supreme Court Is Positioning to Take On TCPA
On July 6, 2020, the United States Supreme Court issued its ruling in Barr v. American Ass’n of Political Consultants, a case in which the plaintiffs challenged a government-debt collection exception to the Telephone Consumer Protection Act’s (“TCPA”) ban on “robocalls” to cell phones on First Amendment grounds......<BR />By: <a href="https://www.jdsupra.com/profile/Orrick_Trust_Anchor/">Orrick - Trust Anchor</a>

SCOTUS Accepts Review of TCPA "Autodialer" Question
The U.S. Supreme Court has agreed to wade into the Telephone Consumer Protection Act (“TCPA”) fray again - this time over what qualifies as an autodialer under the TCPA. On July 9, 2020, the Supreme Court granted writ of certiorari in the case of Facebook Inc. v. Duguid, et. al., on the question of whether an “automatic telephone dialing system” (“ATDS”) under the TCPA covers only devices that send messages or make calls to randomly or sequentially generated phone numbers, or whether the term...<BR />By: <a href="https://www.jdsupra.com/profile/WilmerHale/">WilmerHale</a>

Supreme Court to settle circuit split on TCPA definition of ‘automatic telephone dialing system’
On Thursday, July 9, 2020, just days after upholding the constitutionality of the Telephone Consumer Protection Act (TCPA) by striking the government-debt exception, after much priming, the Supreme Court granted a petition for certiorari to settle an ever-widening rift among US courts of appeals on the issue of what constitutes an “automatic telephone dialing system” or “ATDS” under the Telephone Consumer Protection Act (TCPA)....<BR />By: <a href="https://www.jdsupra.com/profile/dentons/">Dentons</a>

Supreme Court Rules on Federal Debt Collectors and TCPA
What many were hoping to be a bombshell Telephone Consumer Protection Act (TCPA) case came and went without much more than a pop and a fizzle. In Barr v. American Association of Political Consultants, petitioners argued that the government debt collection exemption to the TCPA’s Automatic Telephone Dialing System (ATDS) provision violated the First Amendment by impermissibly favoring government speech....<BR />By: <a href="https://www.jdsupra.com/profile/compliancepoint/">CompliancePoint</a>

Don’t Let Automatic Calls to Consumers Cost You, Rather than Help You – A TCPA Update
Earlier this month, the United States Supreme Court confirmed the broad reach of the Telephone Consumer Protection Act (TCPA) to prohibit unsolicited automated calls or “robocalls” to cell phones. In Barr v. American Association of Political Consultants, Inc., the Court struck down an exception that allowed the federal government to make robocalls to cell phones when collecting its own debts. While Barr may not change the TCPA landscape for private businesses (unless they were collecting...<BR />By: <a href="https://www.jdsupra.com/profile/steptoe_johnson/">Steptoe & Johnson PLLC</a>

[Video] [WEBINAR] What Gets You into TCPA Hot Water
The Telephone Consumer Protection Act (TCPA) has numerous components, but there are a few in particular that you should be most concerned about in today’s litigious environment. Join us as we walk through the areas of the TCPA that commonly get companies in trouble. We will cover what is getting companies sued, how to comply with high-risk items, and common pitfalls that lead to TCPA lawsuits. What You'll Learn: - Which components of the TCPA get companies sued - How to comply with those...<BR />By: <a href="https://www.jdsupra.com/profile/compliancepoint/">CompliancePoint</a>

Supreme Court Will Take On The TCPA Again
Back in October of 2019, the U.S. Supreme Court was petitioned to review a Ninth Circuit ruling regarding the Telephone Consumer Privacy Act (“TCPA”) on the following issues: 1) whether the TCPA’s prohibition on calls made by an automatic telephone dialing system (“ATDS”) is an unconstitutional restriction of speech, and if so whether the proper remedy is to broaden the prohibition to abridge more speech, and 2) whether the definition of ATDS in the TCPA encompasses any device that can “store”...<BR />By: <a href="https://www.jdsupra.com/profile/Jackson_Lewis/">Jackson Lewis P.C.</a>

Alleged Oversight and Monitoring of a Messaging Campaign Deemed Inadequate to Establish Agency
Another court decision reminds us that conclusory allegations that an agency relationship exists should not be sufficient to impute TCPA liability on the alleged beneficiary of a messaging campaign. Pleadings that lack plausible allegations showing “some degree of control over who sent the text and the manner and means by which it was sent” can lead to dismissal – with prejudice, if the plaintiff has run out of a reasonable number of opportunities to amend......<BR />By: <a href="https://www.jdsupra.com/profile/Faegre_Drinker/">Faegre Drinker Biddle & Reath LLP</a>

Supreme Court Rules TCPA’s Government-Debt Exception is Unconstitutional and Severable
The Supreme Court recently ruled the government-debt exception in the Telephone Consumer Protection Act (TCPA) violates the First Amendment, but found the unconstitutional provision could be severed from the main TCPA statute.......<BR />By: <a href="https://www.jdsupra.com/profile/weiner_brodsky_kider/">Weiner Brodsky Kider PC</a>

FCC Adopts New Rules with Safe Harbors for Blocking Robocalls
Continuing with its efforts against illegal robocalling, the Federal Communications Commission (FCC) adopted rules to further encourage phone companies to block illegal and unwanted robocalls before they reach consumers. On July 16, 2020, the FCC adopted new rules implementing part of the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED Act), which directed the FCC to give voice service providers a safe harbor for the blocking of calls under certain...<BR />By: <a href="https://www.jdsupra.com/profile/Womble_Bond_Dickinson/">Womble Bond Dickinson</a>

Supreme Court Weighs In On TCPA Constitutionality
In a much-anticipated Supreme Court decision, Barr v. American Association of Political Consultants, sure to impact the future of the Telephone Consumer Protection Act (“TCPA”), the Court addressed the issue of whether the government-debt exception to the TCPA’s automated-call restriction violates the First Amendment, and whether the proper remedy for any constitutional violation is to sever the exception from the remainder of the statute......<BR />By: <a href="https://www.jdsupra.com/profile/Jackson_Lewis/">Jackson Lewis P.C.</a>

Federally-Backed Debt Collection Exception Not The Supreme Court’s Cup Of T(CPA)
Barr v. Am. Ass’n of Political Consultants, Inc., 2020 WL 3633780, 591 U.S. __ (2020).[1] Earlier this month, the Supreme Court held, in a fractured decision yielding multiple concurring or dissenting opinions, that the 2015 government-debt exception to the Telephone Consumer Protection Act (the TCPA) permitting robocalls to cellphones solely to collect a debt owed to or guaranteed by the United States violated the First Amendment, affirming the Fourth Circuit’s decision......<BR />By: <a href="https://www.jdsupra.com/profile/morrison_foerster_class_action_litigation/">Morrison & Foerster LLP - Class Dismissed</a>

TCPA Tracker - July 2020
Recent News - Supreme Court Upholds Constitutionality of the TCPA - On July 6, 2020, in a 7-2 decision, the Supreme Court upheld the constitutionality of the TCPA, but severed as unconstitutional the 2015 amendment that created an exception for calls related to government-backed debt. William P. Barr et al. v. American Association of Political Consultants et al., Case No. 19-631 (2020)....<BR />By: <a href="https://www.jdsupra.com/profile/Kelley_Drye_Warren/">Kelley Drye & Warren LLP</a>

TCPA FCC Petitions Tracker - July 2020
Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation regarding alleged violations of the TCPA, many issues relating to the interpretation of the statute have been presented to the FCC by impacted parties....<BR />By: <a href="https://www.jdsupra.com/profile/Kelley_Drye_Warren/">Kelley Drye & Warren LLP</a>

Sorry, Wrong Number: The Ninth Circuit and TCPA Liability
The Ninth Circuit Holds that Callers are Subject to TCPA Liability if the Callers Intend to Make Automated Calls to a Consenting Customer, but Instead Call Someone Else - Introduction - On June 3, 2020, the United States Court of Appeals for the Ninth Circuit dealt a blow to callers governed under the Telephone Consumer Protection Act (“TCPA”). The TCPA exempts callers from liability for automatic telephone dialing system-generated (“ATDS”) calls if the calls are made with “prior express...<BR />By: <a href="https://www.jdsupra.com/profile/spilman_thomas_battle/">Spilman Thomas & Battle, PLLC</a>

Supreme Court Makes More Robocalls Illegal and Will Determine What Is a Robocall Soon
Since 1991 the Telephone Consumer Protection Act, or TCPA, has regulated robocalls, which are loosely defined as calls or texts using automatic telephone dialing systems (a/k/a an “autodialer”). In 2015, Congress excluded robocalls to collect government debts from regulation. In Barr v. American Association of Political Consultants, the Supreme Court deemed that exception unconstitutional because it favored certain types of speech. The court found the remainder of the law valid. This means more...<BR />By: <a href="https://www.jdsupra.com/profile/payne_fears/">Payne & Fears</a>

SCOTUS Upholds TCPA but Strikes Government Debt Collection Exception
The Telephone Consumer Protection Act ("TCPA") has been the subject of significant class and consumer litigation risk exposure for many industries, including financial institutions. In a July 6 ruling, the United States Supreme Court eliminated one liability exception that permitted cell phone robocalls to be used to collect on debts owed to or backed by the federal government....<BR />By: <a href="https://www.jdsupra.com/profile/Bryan_Cave_Leighton_Paisner/">Bryan Cave Leighton Paisner</a>

District Court Replies “STOP” to Plaintiffs Challenging Unwanted Texts
A federal district court in Indiana recently granted summary judgment against a class of plaintiffs who argued that defendants had broken the law by sending unsolicited text messages to plaintiffs who had attempted to opt out of receiving them....<BR />By: <a href="https://www.jdsupra.com/profile/weiner_brodsky_kider/">Weiner Brodsky Kider PC</a>

Supreme Court Agrees to Review Growing Circuit Split on Definition of ATDS
On Thursday, the United States Supreme Court agreed to review the question of what type of dialing equipment qualifies as an “automatic telephone dialing system” (ATDS) under the Telephone Consumer Protection Act (TCPA). The Court’s review arises from a challenge to the Ninth Circuit’s broad definition of ATDS....<BR />By: <a href="https://www.jdsupra.com/profile/KL_Gates/">K&L Gates LLP</a>

Financial Services Report, Summer 2020
Is it just us or does March 4 — the date of our last issue — feel like a million years ago? Like you, and not necessarily in this order, we have been: doing our work; keeping up with COVID-19-related laws, guidance, and regulations; thinking hard about racial injustice; making sure our colleagues are safe and supported; welcoming home kids who thought they’d be out exploring the world; homeschooling the kids we thought would be at school; trying to keep up with family and friends by Zoom; and...<BR />By: <a href="https://www.jdsupra.com/profile/Morrison_Foerster/">Morrison & Foerster LLP</a>

TCPA Class Actions - Supreme Court Severs Government Debt Collection Exception
Takeaway: In Barr v. American Association of Political Consultants, Inc, No. 19-631, 2020 WL 3633780 (U.S. July 6, 2020), the Supreme Court invalidated the exception for calls made for the purpose of collecting government debt under the Telephone Consumer Protection Act (“TCPA”), finding it violated the First Amendment. But applying the presumption of severability, the Supreme Court declined to invalidate the entire TCPA....<BR />By: <a href="https://www.jdsupra.com/profile/Kilpatrick_Townsend_Stockton/">Kilpatrick Townsend & Stockton LLP</a>

Real Property, Financial Services, & Title Insurance Update: Week Ending June 26, 2020
Real Property Update - Foreclosure / Condition Precedent: Borrower who raises an affirmative defense, such as failure of conditions precedent, bears the burden of proving that affirmative defense even if lender's complaint alleges satisfaction of conditions precedent - Russell v. Wells Fargo Bank, N.A., No. 1D18-5128 (Fla. 1st DCA June 22, 2020) (affirmed)....<BR />By: <a href="https://www.jdsupra.com/profile/carltonfields/">Carlton Fields</a>

Do You Place Calls and Texts to Consumers' Cellphones?
The Telephone Consumer Protection Act, among other federal and state rules, is the key rule to follow when placing calls and texts to consumers’ cellphones, and we have seen an increase in the amount of TCPA cases surrounding text messages....<BR />By: <a href="https://www.jdsupra.com/profile/compliancepoint/">CompliancePoint</a>

Florida Real Property & Business Litigation Report, Volume 13, Issue 28
Barr v. American Association of Political Consultants, Inc., Case No. 19–631 (2020). The federal government cannot exempt itself from the anti-robocall provisions of the Telephone Consumer Protection Act of 1991, 47 U. S. C. §227(b)(1)(A)(iii)... Please see full Report below for more information....<BR />By: <a href="https://www.jdsupra.com/profile/mcglinchey_stafford/">McGlinchey Stafford</a>

Client Alert: Circuit Split on Definition of “Autodialer” Under the TCPA Leaves Companies at Risk (UPDATED)
UPDATE: On July 9, 2020, the Supreme Court granted a petition for certiorari from Facebook Inc., setting the court up to settle the circuit split over what constitutes an autodialer....<BR />By: <a href="https://www.jdsupra.com/profile/Neal_Gerber_Eisenberg/">Neal, Gerber & Eisenberg LLP</a>