Written by Ernesto Mendieta

TCPA Defense Force Chair, David Carter, will participate in a Roundtable from the American Bar Association discussing relevant issues and latest developments regarding TCPA litigation. During this webinar, the panelists will break down the following TCPA-related updates and explain how they might impact your company:

1. The Supreme Court’s recent decision to review a First Amendment challenge to the TCPA

The Supreme Court granted the Petition for Certiorari filed in Barr v. American Association of Political Consultants Inc., to review the constitutionality of the government-backed debt exception to the TCPA.  The question presented is:

“Whether the government-debt exception to the TCPA’s automated-call restriction violates the First Amendment, and whether the proper remedy for any constitutional violation is to sever the exception from the remainder of the statute.”

The case was appealed from the Fourth Circuit, which found that the government debt exception violated the First Amendment.   U.S. Attorney General William Barr and the FCC then petitioned the Supreme Court to review the Fourth Circuit’s decision. Oral arguments are likely to be held this Spring and a decision should be issued before June 2020, when the Supreme Court’s term ends.

The panelists will discuss the likely ramifications of the Supreme Court’s analysis, both to the specific exception and to the TCPA as a whole.

2. Recent court decisions examining the definition of an ATDS, and other recent TCPA case law developments

The Eleventh Circuit has spoken on the interpretation of the automatic telephone dialing system (“ATDS”) definition, and held in Glasser v. Hilton Grand Vacations Co., LLC that to qualify as an ATDS a device must have the capacity to randomly or sequentially generate telephone numbers.  The Eleventh Circuit’s opinion is an important development within a jurisdiction that includes Florida, a hot spot of individual and class TCPA litigation. 

However, Glasser creates a clear circuit split with the Ninth Circuit’s holding in Marks v. Crunch, where the Ninth Circuit held that the definition of the ATDS also includes devices with the capacity to dial stored numbers automatically.  The Roundtable will include analysis of the impact Glasser may have in shifting TCPA litigation into the courts of other states, and possible consequences from the current circuit split.

The panelists will also discuss other recent TCPA case law developments that may be relevant for your company and explain how they may impact your TCPA compliance plans.

3. Enactment of the Pallone-Thune TRACED Act, which expands the FCC’s mandate and enforcement powers under the TCPA

On December 31, 2019, President Trump signed into law the bipartisan Pallone-Thune TRACED Act.

The legislation’s key provisions increase the authorities of the FCC to further prosecute and penalize illegal robocalls and imposes requirements for carriers to implement call-authentication technology at no charge to consumers and to provide opt-in or opt-out robocall-blocking at no charge.

The panelists will address what the TRACED Act means for your company, and what new and increased enforcement actions are expected from the government.


Please join us for this relevant and timely webinar. The panelists will provide you with expert analysis and practical insights on what this TCPA hot topics mean for your company.


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About The Author

Meet the TCPA Defense Force. A team of experience professionals that focus like a laser on the TCPA and provide comprehensive services that solve a number of TCPA problems. The TCPA Defense Force aims to mitigate TCPA exposure for both creative marketing teams and conscientious companies that engage their customers through telemarketing.