SCOTUS TCPA UPDATE: Supreme Court Sets Next Opinion Date for Monday (7/6)–Will Barr v. AAPC Be Decided Then?

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The TCPAWorld continues on pins and needles awaiting the Supreme Court’s ultimate determination on the fate of the TCPA. The big appeal in Barr v. AAPC will determine whether the TCPA is struck down in some form or fashion–45% it will be— or whether it limps along as the broadest restriction on Constitutionally-protected speech in our nation’s history–35% chance.

We already had some high SCOTUS drama this week, when TCPAWorld.com broke the news–yep over all the major news agencies–that the CFPB’s leadership structure had been deemed unconstitutional. (BTW–consumerprivacyworld.com has GREAT coverage of this decision if you’re interested.) The Supremes severed the “for cause” removal provision from the enabling statute, however, keeping the agency intact. And while the severance activity in Seila Law might lead some to conclude the TCPA might be salvaged by a similar maneuver, I view matters entirely differently–as I explained here.

Then again, I’ve been wrong before. Like on Monday evening when I predicted the Supremes would rule in AAPC yesterday (6/30). Nope.

But today we have more clarity than ever as to when the Supreme Court might finally retire the TCPA. Here’s what we know:

  • Supreme Court has a total of 8 opinions left to decide;
  • Usually yesterday would have been the last day of the decision calendar but, COVID;
  • Today Wednesday (7/1) was a conference day, and the Supremes have set Monday (7/6) as the next decision day;
  • There are currently ZERO cases ahead of Barr left to be decided– i.e. all cases argued earlier than Barr have already been decided–but SCOTUS does not hand down opinions in strict order;
  • A case argued to SCOTUS the day before Barr was decided on Monday (6/29) and a second case argued the day before Barr was decided yesterday (6/30).

So Monday (7/6) really looks like the day. We have set our big FREE webinar breaking down the decision for Tuesday (7/7) just to be safe. (You can try to register here if you’d like but I think it is overfilled.)

You can expect full team coverage from the folks here at TCPAWorld.com and Squire Patton Boggs. We’ll look at the decision from all angles, including what it means for carriers, servicers, collectors, marketers, platforms, consumers, lead generators and everyone else living in the TCPAWorld.

Stay tuned..

 

 

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Published by Eric J. Troutman

The Czar of TCPAWorld Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems. Eric has built a national litigation practice based upon deep experience, rigorous analysis and extraordinary responsiveness. Eric and his team feel equally at home litigating multibillion dollar telecommunications class actions in federal court as they do developing and executing national litigation strategies for institutions facing an onslaught of individual TCPA matters. They thrive in each of these roles – delivering consistently excellent results – while never losing sight of the client experience. While many firms now tout TCPA expertise, Eric has been there from the beginning. He built one of the country’s first TCPA-only defense teams and began serving as national TCPA counsel for his clients nearly a decade ago. This perspective allows him to swiftly develop the right litigation strategies for dealing with recurring problems, without wasting time on tactics that are bound to fail. Eric’s rich historical perspective and encyclopedic knowledge of the TCPA landscape also make him an invaluable resource to institutional compliance teams struggling to comply with the shifting regulatory landscape. No task is too small – or too big. Indeed, Eric and his team have helped build TCPA-compliant systems and processes for some of the largest and most complex corporate entities in the country. He commonly works with in-house compliance counsel to build and implement enterprise and business-line specific TCPA solutions, performs TCPA audits and drafts and reviews proposed TCPA policies and procedures. He and his team also have the technical expertise necessary to assist call centers seeking to develop TCPA-resistant call path architecture or to modify existing telephony and software integration to better insulate from potential TCPA exposure. Eric has built a reputation for thought leadership. An avid blogger and speaker, he has been at the forefront of the industry’s effort to push for clarity and a return to sanity for the TCPA for years. He was selected to advocate for the financial services industry on important TCPA issues before the Federal Communications Commission and co-authored the nation’s only comprehensive practice guide on TCPA defense. In his spare time, Eric leads defense teams representing banks and other financial services companies in consumer finance litigation matters. He has experience representing clients in UCC, TILA, RESPA FCRA, CCRA, CLRA, FDCPA, RFDCPA and FCCPA claims, as well as in fraud and bank operations issues.

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  1. im sure this will sound like everyone else but i buy expensive option leads and still get sued. i have become friendly with some these serial litigators who know that it is because someone who they have sued before seeds there number just to mess with them. then we buy them and have to prove otherwise!!!!!

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