On Thursday, September 9, the U.S. Court of Appeals for the Sixth Circuit issued its opinion in Lindenbaum v. Realgy LLC, reversing a district court opinion that found the Telephone Consumer Protection Act was unconstitutional from 2015 to 2020. Specifically, the Sixth Circuit found that the government-backed debt exemption — added to the TCPA
2020 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions and stay ahead of the compliance curve.
In this report, we share developments in 2020 on consumer class actions, background screening, bankruptcy,
On December 21, Congress passed the $900 billion spending and COVID-19 relief package — the Consolidated Appropriations Act, 2021 (CAA) — which President Trump signed on December 27. Although the CAA’s monetary relief provisions aimed at helping individuals and small businesses stave off the financial strain of the COVID pandemic have taken center stage, the
The U.S. Supreme Court heard oral argument today in Duguid v. Facebook to decide, once and for all, whether an automatic telephone dialing system (ATDS), as defined in the Telephone Consumer Protection Act (TCPA), requires a random or sequential number generator.
Background
In its late 2018 Marks decision, the Ninth Circuit found that storage of
In Emily Smith v. The Hartford, No. 4:20-CV-00041-CLM, 2020 WL 4815143 (N.D. Ala. Aug. 19, 2020), the Court refused to consider mental incapacity, among other arguments, as grounds to overcome the Eleventh Circuit’s strict exhaustion requirement for ERISA. This decision reinforces the very narrow exceptions available to a plaintiff in circumventing the exhaustion requirement.
Today, the Supreme Court granted certiorari in Duguid v. Facebook to decide, once and for all, whether an automatic telephone dialing system (ATDS), as the Telephone Consumer Protection Act (TCPA) defines the phrase, requires random or sequential number generation. The case will be argued before the Court in the October 2020 Term.
Background
In its
The United States Supreme Court issued its much-awaited decision in Barr v. American Association of Political Consultants on Monday, July 6, striking down the government-backed debt exemption in the Telephone Consumer Protection Act (TCPA). The Court did not go so far as to invalidate the TCPA as a whole, however, finding instead that the unconstitutional
The Tenth Circuit developed a new rule under the Employee Retirement Income Security Act of 1974 (ERISA) in Ellis v. Liberty Assurance Company of Boston (case number 19-1074), holding last week that courts should adhere to choice-of-law provisions in ERISA health benefits plans.
In Ellis, the Tenth Circuit considered whether Michael Ellis’ health benefits
On May 13, a federal court in the United States District Court for the Northern District of California granted a defendant’s motion to dismiss in a putative class action brought under the Telephone Consumer Protection Act. The Court dismissed the plaintiff’s claims that the defendant, an e-commerce provider that offers a texting platform to
Please join Troutman Sanders attorneys, Virginia Flynn, Chad Fuller, Alan Wingfield, and Brooke Conkle for the Complimentary Webinar “Hot Topics for Calling in the Time of COVID-19,” on Wednesday, May 20, 2020 at 3:00 p.m. EDT.
This webinar will cover the landmark decisions rendered by the Second, Seventh, and Eleventh Circuits in