No. 23A982

Career Counseling, Inc., dba Snelling Staffing Services, a South Carolina Corporation v. Amerifactors Financial Group, LLC

Lower Court: Fourth Circuit
Docketed: 2024-05-03
Status: Presumed Complete
Type: A
Tags: administrative-feasibility circuit-split class-certification fax-services statutory-interpretation tcpa
Key Terms:
AdministrativeLaw Privacy ClassAction
Latest Conference: N/A
Question Presented (from Petition)

Whether the Fourth Circuit properly imposed an "administrative feasibility" requirement for class certification that conflicts with the approach of six other circuits.

Whether the Fourth Circuit's ruling that the TCPA is limited to "stand-alone" fax machines creates a split with the Sixth Circuit's holding that "the plain language of the TCPA... makes clear that a 'telephone facsimile machine' encompasses more than traditional fax machines that automatically print a fax received over a telephone line," and does not require excluding from a certified class users of "online fax services."

Question Presented (AI Summary)

Whether the Telephone Consumer Protection Act (TCPA) requires an 'administrative feasibility' requirement for class certification and whether the TCPA applies to online fax services beyond traditional stand-alone fax machines

Docket Entries

2024-07-19
Writ of Certiorari of Career Counseling (Snelling) submitted.
2024-05-06
Application (23A982) granted by The Chief Justice extending the time to file until July 19, 2024.
2024-05-01
Application (23A982) to extend the time to file a petition for a writ of certiorari from May 20, 2024 to July 19, 2024, submitted to The Chief Justice.

Attorneys

Career Counseling (Snelling)
Glenn L. HaraAnderson + Wanca, Petitioner