On August 31, 2020, the Tenth Circuit affirmed the United States Bankruptcy Court for the District of Colorado’s holding that certain student loans not guaranteed by a governmental unit may be discharged in bankruptcy.
Navient Solutions, LLC argued that the debtors’ student loans were excepted from their Chapter 13 discharge under 11 U.S.C. § 523(a)(8)(A)(ii)
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 Federal Communications Commission (FCC) issued a noteworthy order on June 25, 2020, in its continuing interpretation of the Telephone Consumer Protection Act (TCPA). In its order, the FCC confirmed many courts’ existing interpretation of the TCPA, noting that any text platform that requires manual entry of telephone numbers and manual launching of texts on
On June 3, the United States Court of Appeals for the Ninth Circuit held that consent from the intended recipient of calls does not absolve an entity of liability under the Telephone Consumer Protection Act if the entity did not have the consent of the party actually called. This decision aligns with decisions from the
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
Financial services providers are asking the Federal Communications Commission to issue a declaratory ruling stating that calls to consumers placed by financial institutions and related to the coronavirus (“COVID-19”) pandemic fall within the “emergency purposes” section of the Telephone Consumer Protection Act.
The emergency purposes section of the TCPA provides that calls made for “emergency
Applying the definition of an automatic telephone dialing system required by the recent Eleventh Circuit decision Glasser v. Hilton Grand Vacations Co., LLC, Judge Charlene Honeywell from the United States District Court for the Middle District of Florida held in Northrup v. Innovative Health Ins. Partners, LLC, et al., that the Twilio