As I reported earlier today, the big TCPA SCOTUS review is now fully briefed and oral argument is just 8 days away. Wow!
But in the meantime TCPA cases rumble forward at the district court level with many courts inexplicably refusing to stay cases pending the outcome of the SOCTUS review.
Perhaps unsurprisingly, however, as the big oral argument date approaches courts are finally beginning to stay cases with regularity. For instance, in a new case out today, the W.D. Washington held that a TCPA case should be stayed, even while suggesting it is “unlikely” for the Supreme Court to invalidate the TCPA:
Despite agreeing with Lacy that the Supreme Court is unlikely to invalidate the TCPA’s automated-call restriction, a stay is nonetheless warranted. First, while circuit courts have chosen to sever the government-debt exception based on the TCPA’s severability clause, 47 U.S.C. § 608, it would be unwise to predict the Supreme Court’s course of action with any certainty. The opinion in AAPC may provide useful guidance in this case. Second, despite the Coronavirus pandemic, the Court has gone ahead and scheduled a May telephonic oral argument in AAPC, suggesting that a stay would be brief.
See Lacy v. Comcast Cable, Case No. 19-cv-05007-RBL, Doc. No. 70 (W.D. Wash. April 28, 2020) available here: Lacy Stay Order
Those of you that attended the big DNC.com webinar I did last week already know there are several other casesstaying TCPA matters pending the SCOTUS review—my incredible team earned the first such win in the nation, of course—but here are a handful of decisions to keep handy:
- Seefeldt v. Entertainment Consulting International, LLC, No. 4:19-CV-00188, 2020 U.S. Dist. LEXIS 31815, 2020 WL 905844, at *3 (E.D. Mo. Feb. 25, 2020);
- Jones v. USHealth Group, No. 19-cv-02534, Dkt. No. 53 (D. Kan. March 12, 2020); and
- Perrong v. Liberty Power Corp., 18-cv-00712 (D. Del. Mar. 6, 2020),
We’ll keep an eye on these developments as the big day approaches.