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In the Media

Supreme Court decision provides clarity on TCPA

Read Time: 1 min

Attorneys Joe Apatov (Ft. Lauderdale) and Aaron Kouhoupt (Cleveland) were quoted in an April 7 article in Auto Finance News detailing the specifics of the Supreme Court’s decision in the Facebook v. Duguid case.

“The definition of what constitutes an auto dialer was really at the heart of everything” in litigation around TCPA violations, Joe Apatov, Member at McGlinchey, told Auto Finance News. “That cuts to whether you even need to get past that initial question [of consent] and assess whether any other elements are met for the cause of action.”

Now, with a clear definition of an ATDS, lenders should go back and “do a full autopsy” on their calling systems, Aaron Kouhoupt, Of Counsel at McGlinchey, told AFN. “Look to see if it meets the definition that the Supreme Court has now laid down, because if it does not, the TCPA doesn’t go away. There are still requirements; you have to be cognizant of what restrictions go away.

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Insights

In the Media

The Humble Beginnings and Wild Evolution of the TCPA

February 7, 2022

Member Joseph Apatov (Fort Lauderdale) was featured on the Emerging Litigation podcast discussing the evolution of the Telephone Consumer Protection Act (TCPA) with Tom Hagy, editor of the Journal of Emerging Issues in Litigation.

Published Article

Constitutionality of the TCPA Between 2015 and 2020

July 20, 2021

Gregg D. Stevens and Stefanie L. Deka co-authored an article regarding whether the TCPA was constitutional between the enactment of the government-debt exception in 2015 and the AAPC decision in 2020.

Alert

SCOTUS clarifies “autodialer” definition in Facebook TCPA decision

April 6, 2021

On April 1, 2021, the Supreme Court held in a 9-0 decision that an “automatic telephone dialing system” is a device that has the capacity either to store a telephone number using a random or sequential generator, or to produce a telephone number using a random or sequential number generator. As a quick refresher: the Telephone Consumer Protection Act (TCPA) restricts certain calls made by an “auto dialer,” which the TCPA defines as equipment which has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator and to dial such numbers.”

Published Article

Two TCPA updates that auto finance companies need to know

March 17, 2021

The Telephone Consumer Protection Act (TCPA), and the barrage of litigation that stems from its various interpretations, is always in the news. In fact, there is so much change that it’s often hard for a casual follower to filter out the news from noise. For example, court cases discussing the constitutionality of the TCPA as a resultMore

Podcasts

Podcast: Is the TCPA Unconstitutional?

March 16, 2021

The Telephone Consumer Protection Act (TCPA) is always the subject of litigation. The United States Supreme Court recently ruled that the government debt exception, which was added to the statute in 2015, was unconstitutional. Can the Court's recent ruling be interpreted to mean the entirety of the TCPA has been unconstitutional since 2015?

Published Article

Where are we with the TCPA?

December 4, 2020

Attorneys Aaron Kouhoupt and Jeremy Rzepka (Cleveland) authored an article on the current compliance landscape regarding the Telephone Consumer Privacy Act in the November, 2020 issue of Wolter's Kluwer's "Banking and Financial Services Policy Report."

Presentation

The Evolving TCPA Landscape and Circuit Court Splits

October 9, 2020

Joe Apatov (Fort Lauderdale), Aaron Kouhoupt (Cleveland), and Gregg Stevens (Dallas) co-presented "The Evolving TCPA Landscape and Circuit Court Splits" on Friday, October 9 during the 2020 Virtual Consumer Finance Legal Conference.