May 28, 2020
The global pandemic has not prevented courts from addressing a host of controversial TCPA topics, starting with the biggest controversy of all: whether the Telephone Consumer Protection Act itself is unconstitutional. The U.S. Supreme Court made history this month by hearing oral arguments on this question remotely. Meanwhile, the 11th U.S. Circuit Court of Appeals weighed in on whether revocation can be limited by contract, and the 3rd Circuit addressed whether an invitation to buy — as opposed to an invitation to sell — constitutes a “solicitation” under the TCPA’s fax provisions.