October 9, 2020
Partner Becca Wahlquist
was quoted in the Law360
article “Novel TCPA Ruling Lays Groundwork For Fresh Circuit Split.” The article analyses U.S. District Judge Martin L. C. Feldman’s ruling in Creasy v. Charter Communications, Inc.
that he didn't have the authority to rule on the majority of Charter Communications' robocalls because they occurred after Congress amended the Telephone Consumer Protection Act (TCPA) to include a provision to allow robocalls related to federally backed debts.
Feldman said in his decision that the U.S. Supreme Court's July 2020 ruling in Barr v. American Association of Political Consultants
meant that courts could not enforce robocall and text message violations that occurred between when Congress added the debt collection provision in 2015 and when the Supreme Court ended it. The decision may set the stage for another circuit split over the TCPA.
"You could also have courts say that this is too extreme, there were at least a few justices who said we shouldn't be tossing all these claims, and that's a pretty bold move that they're reluctant to do," said Becca on possible outcomes from this ruling.
Read the full article here.