Burr & Forman

05.27.2015   |   Articles / Publications

“TCPA Litigation Developments: Inconsistent Federal Court Decisions Headline a Hectic Year,” The Business Lawyer, Vol. 70, p. 573 (Spr. 2015)

John Chiles and Zach Miller were recently published in the American Bar Association’s The Business Lawyer (Vol. 70, No. 2) with an article titled TCPA Litigation Developments: Inconsistent Federal Court Decisions Headline a Hectic Year. The article highlights important decisions issued by U.S. federal courts addressing the Telephone Consumer Protection Act (“TCPA”) during 2014. Of particular importance is the Eleventh Circuit’s opinion on revocation of consent and the meaning of “called party” in Osorio v. State Farm Bank, F.S.B., 746 F.3d 1242 (11th Cir. 2014). Other topics included within the article include:

• “primary Jurisdiction” stays;
• whether “verifications” constitute consent;
• the judicial creation of a “good faith” defense under the TCPA;
• the Hobbs Act and the FCC’s TCPA supremacy;
• federal courts’ struggle with the definition of “ATDS”; and
• vicarious liability under the TCPA.

Members of the Business Law Section of the ABA can obtain an electronic copy here.

Non-members can email Zach directly for a copy of the article.

Related Attorneys