Analysis

Novel TCPA Ruling Lays Groundwork For Fresh Circuit Split

Law360 (October 9, 2020, 5:08 PM EDT) -- A Louisiana federal judge's ruling erasing liability for autodialed calls and text messages made during the past five years sets the stage for another circuit split involving the Telephone Consumer Protection Act and, if more widely adopted, would mark the biggest boon yet to defendants attempting to crush a swell of litigation.

In a first-of-its-kind ruling issued Sept. 28, U.S. District Judge Martin Feldman agreed with Charter Communications' argument that the U.S. Supreme Court's July 6 ruling in Barr v. American Association of Political Consultants — which struck down as unconstitutional an exemption to the TCPA that allowed automated calls to be...

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