On Wednesday, April 15, the Supreme Court of the United States announced its schedule for the cases to be argued by telephone, including Barr v. American Association of Political Consultants. The Court will hear oral argument on Wednesday, May 6, with Barr the second of two cases to be heard on the Court’s
The Supreme Court of the United States announced on Monday, April 13, that it would hear oral argument by telephone in a number of key cases remaining in the Court’s October 2019 Term. Among these cases is Barr v. American Association of Political Consultants, which was originally scheduled to be heard on April 22.
On April 7, 2020, the Second Circuit added more uncertainty to the Telephone Consumer Protection Act (“TCPA”) with its decision on the meaning of an automatic telephone dialing system (“ATDS”) in Duran v. La Boom Disco, Inc. Breaking from recent Seventh and Eleventh Circuit decisions, which followed the statutory language in requiring random and
On Monday, March 23, Democratic Sen. Cory Booker (N.J.) and Sen. Sherrod Brown (D-Ohio) introduced a measure that would suspend overdraft fees during the coronavirus (“COVID-19”) outbreak and other national emergencies. The Stop Overdraft Profiteering Act (the “Act”) would prevent banks from imposing overdraft fees for a six-month period following a national emergency or disaster.
The Federal Trade Commission’s Bureau of Consumer Protection division recently issued a staff perspective paper on the consumer protection issues facing small business financing. The paper follows the agency’s “Strictly Business” forum, held in May 2019, which examined trends in the marketplace, including online loans and alternative financing products. “The agency remains committed to protecting
On Friday, February 21, the United States Supreme Court released its April calendar, scheduling arguments for the final session of this term. In doing so, the Supreme Court put a crucial Telephone Consumer Protection Act case – Barr v. American Association of Political Consultants – on the docket for April 22. Barr involves a
The U.S. Chamber of Commerce and a number of other groups that represent financial institutions, health care companies, insurance companies, and retail outlets sent a letter to Secretary of the Federal Communications Commission Marlene H. Dortch on February 5, asking the FCC “to clarify expeditiously” the definition of an automatic telephone dialing system under the
Any company that uses telephony systems for outreach to consumers got important and potentially good news on January 27, 2020, when the Eleventh Circuit released its much-anticipated opinion in Glasser v. Hilton Grand Vacations Company, LLC, No. 18-14499. The court held that a phone system must use randomly or sequentially generated numbers to qualify
The United States Supreme Court has agreed to consider a challenge to the constitutionality of the Telephone Consumer Protection Act (TCPA). On Friday, January 10, 2020, the Supreme Court issued orders from the justices’ conference, which included an order for oral argument in Barr v. American Association of Political Consultants – a case involving a
In December, the United States District Court for the Northern District of Georgia refused to submit to arbitration a dispute alleging violation of the Telephone Consumer Protection Act because plaintiff Keith Hobbs provided a declaration stating that he did not visit defendant Apollo Interactive, Inc.’s website. In doing so, the Court kept alive a TCPA