Law360 turned to litigation partner Mike Daly for information about consumer protection trends to watch in 2021.
One such trend is the proliferation of automatic renewal laws, most recently New York’s enactment of a law modeled after an onerous one in California. Daly explained that, while it “shouldn’t surprise anyone that California would have an extreme statute on this issue,” it is “hard to overlook New York. And it is reasonable to expect that other states will follow suit.”
Daly was also asked about a Supreme Court argument concerning the scope of the Telephone Consumer Protection Act (TCPA). Daly explained that, although the Justices had “hard questions” for both sides, “several seemed uncomfortable with reading the statute in a way that would apply to any smartphone, and unconvinced that [the plaintiff] had found a limiting principle that would avoid that result.” He also observed that while “some species of TCPA claims will no doubt continue to be filed no matter how the court rules,” the TCPA’s restriction on automated dialing “has been read in a way that Congress could not have imagined, let alone intended.”