Barr v. American Association of Political Consultants, Inc., No. 19-631, 2020 WL 3633780 (U.S. July 6, 2020)
* Procedural History of the Case
Plaintiffs; political and nonprofit organizations seeking to make political robocalls to cell phones discussing candidates and issues, soliciting donations and conducting polls; filed a declaratory action against U.S. Attorney General William Barr and the Federal Communications Commission (“the government”), asserting that the 2015 exception to application of the Telephone Consumer Protection Act (“TCPA”) to calls ...
Spokeo, Inc. v. Robins, No. 13-1339 (May 16, 2016) In a 6-2 decision authored by Justice Samuel Alito, the United States Supreme Court spoke on the issue of standing when statutory violations are alleged, and its opinion could have profound effects on TCPA litigation. Holding that Article III standing requires a concrete injury even in the context of a statutory violation, the Court sent the case back to the U.S. Court of Appeals for the Ninth Circuit, stating that because the "Ninth Circuit failed to fully appreciate the distinction between concreteness and particularization, its ...
Campbell-Ewald Co. v. Gomez, No. 14-857, 2016 WL 228345 (U.S. Jan. 20, 2016) In a much anticipated decision, a majority of the United States Supreme Court held that unaccepted offers of full judgment and settlement do not moot claims. By way of background, Plaintiff filed a TCPA class action. Defendant made an a settlement offer and offer of judgment for the amount of relief the named plaintiff could obtain, then moved to dismiss the case for lack of subject matter jurisdiction when Plaintiff rejected the offers. The Majority (Justices Ginsberg, Kennedy, Breyer, Sotomayor and Kagan)