Civil Litigation,
9th U.S. Circuit Court of Appeals
Aug. 23, 2019
Is TCPA doomed?
A recent 9th Circuit opinion sets up a possible showdown in the Supreme Court that could (in theory) not only resolve the current split on the “automatic telephone dialing system” definition but also wipe out the entire Telephone Consumer Privacy Act.
A. Paul Heeringa
Counsel
Manatt, Phelps & Phillips, LLP
Paul advocates for individuals and corporations in a variety of industries -- including telecommunications, advertising, sales and marketing, lead generation, healthcare, retail, banking, credit reporting, financial services, technology, software, entertainment, and insurance -- facing Telephone Consumer Protection Act and other complex litigation in state and federal courts throughout the country.
It has been well over a year since the U.S. Court of Appeals for the D.C. Circuit issued its landmark opinion in ACA International v. FCC, 885 F.3d 687 (D.C. Cir. 2018), which struck down the overly expansive definition of an "automatic telephone dialing system," or ATDS, proffered by...
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