TCPA Case Stays Related to ACA, Campbell-Ewald, and Spokeo Continue to Multiply

This article was originally published on December 30, 2015 and is reprinted with permission from Blaine C. Kimrey, shareholder at Vedder Price, PC.

Blaine Kimrey

In two federal decisions handed down on the same day (Dec. 17, 2015), federal courts in California and Georgia gave early Christmas presents to defense lawyers by granting requests to stay TCPA cases based on proceedings before the U.S. D.C. Circuit Court of Appeals and the U.S. Supreme Court.  See Fontes v. Time Warner Cable, Inc.,2015 U.S. Dist. LEXIS 169580 (C.D. Ca. Dec. 17, 2015); Luster v. Jewelers, 2015 U.S. Dist. LEXIS 169115 (N.D. Ga. Dec. 17, 2015).  These decisions highlight how TCPA cases have increasingly become simultaneous multi-front battles before district courts, courts of appeal, the Supreme Court, and the FCC and how proceedings in one or more other venues often can influence defense at the district court level (even without perfect party or claim parity among the various matters).

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