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Meet the Rulers of the TCPA World

Our Incredible TCPA Defense Team is Truly World-Class. We have one of the most experienced and knowledgeable TCPA defense teams in the world– backed by one of the most powerful legal names in the world– Squire Patton Boggs. Led by TCPAWorld’s lead author and editor–Eric J. Troutman– members of SPB’s…Continue reading “Meet the Rulers of the TCPA World”

21Mar 201921 Mar 2019

The Impending California Consumer Protection Act: The Law’s Scope, Applicability, and Potential Impact

[Czar’s Note: TCPAWorld strives to be your one-stop shop for TCPA news and views. But occasionally, we like to invite…

Not So Fast: District Court Rejects TCPA Plaintiff’s Attempt To Opt Out of Arbitration By Filing Suit

Many consumer finance agreements contain binding arbitration clauses, if not most. At least some of these agreements grant consumers the…

20Mar 201920 Mar 2019

Stay With Us Now: Court Grants Primary Jurisdiction Stay in TCPA ATDS Case – Here’s Why More Courts Should be Doing the Same Thing

As demonstrated by TCPAworld.com’s rolling ATDS review, the state of the TCPA landscape remains far from clear. Must an automatic…

Indiana Legislature Dials Up “Do Not Call” Statute Revisions

25 Mar 201925 Mar 2019

The Indiana legislature, to the consternation of the State Attorney General, is considering two additional exemptions to calls covered by its “Do Not Call” statute. Both involve the established business…

Return To Sender: Court Holds TCPA Liability For A Text Sent By A Marketing Firm Cannot Be Resolved On Summary Judgment

Federal courts continue to struggle to identify the “sender” of a fax for purposes of TCPA liability. The latest example is from the Southern District of New York. See Bais…

First Things First: TCPA Defendant’s Attempt To Use Rule 11 To Dismiss A Case Denied As Premature

19 Mar 201920 Mar 2019

Baseless TCPA claims are frustrating. You know the claim has no merit. The client knows the claim has no merit. And you suspect that the plaintiff knows the claim has…

Industry Responds: Twilio Founder On Eliminating Robocalls.

19 Mar 201920 Mar 2019

The founder of Twilio, Jeff Lawson, posted a well-written blog post on the need to eliminate true robocalls and what Twilio is doing about it. The post does not disclose…

Robocall Fake News Spreads: More Media Outlets Push Out Misleading TCPA Articles

18 Mar 201920 Mar 2019

It was inevitable after John Oliver’s witty but highly misleading hit piece on the TCPA. Even after the Czar’s thorough rebuke of the John Oliver bit, mainstream media outlets have…

ATDS/Predictive Dialer Cases…

Dangerous TCPA Win: Court Grants Defendant MSJ on ATDS Issue But Suggests Manually Dialed Calls Can Violate TCPA

18 Mar 201919 Mar 2019

Well that was scary. One would think that using an outbound manual call process that included physical desk phones and that required agents to enter all 10 digits of a…

Senate Version of TRACED Act Gains More Bi-Partisan Support

The US Senate version of the TRACED Act, S.B. 151, gained two more co-sponsors yesterday. Senators Deb Fischer (R-NE) and Kyrsten Sinema (D-AZ) joined the list of supporters on March…

That’s Purposeful Availment?: Sending Text To An Indiana Area Code Sufficient To Confer TCPA Personal Jurisdiction

15 Mar 201916 Mar 2019

The TCPAWorld personal jurisdiction hits keep coming.On Wednesday, we covered a decision from the Eastern District of Texas dismissing a case for lack of personal jurisdiction. Today we bring you…

Another One: Congress is on Fire with TCPA Bills as Yet Another New Robocall Enactment Introduced

15 Mar 201916 Mar 2019

Alright, I guess we need to create a TCPA legislative scorecard. As you've been reading here, here, here, and here, Congress is ablaze with TCPA legislation right now. The two…

The TCPA Legislative Beat Goes On: TRACED Act Emerges in the House

14 Mar 201915 Mar 2019

Keep up everyone.Just last week, we updated developments on the TRACED Act (S. 151) in the US Senate (https://tcpaworld.com/2019/03/11/tcpa-expansion-becomes-more-likely-traced-act-gaining-steam-with-a-groundswell-of-bipartisan-support/ and briefly reported on the introduction of another as yet “unnamed”…

Yes, You Can Get Your Arbitration Agreement Enforced in the Eleventh Circuit (Probably)

14 Mar 201915 Mar 2019

A broad arbitration agreement, drafted with TCPA claims in mind, will be enforced – even in the Eleventh Circuit. In Fialek v. I.C. Sys.,2019 U.S. Dist. LEXIS 39770 (M.D. Fla.…

TRACED Act: H.R. 1602 Identified As Companion House Bill

14 Mar 201914 Mar 2019

As we reported last week, H.R. 1602 is among the plethora of robocall legislation being considered by Congress. And the Czar's suspicions were right—H.R. 1602 is the House version of…

Czar Rocks the TCPA Summit– Additional Coast-to-Coast Speaking Gigs Announced

14 Mar 201918 Mar 2019

Well for those of you who missed it, word is that the Czar’s performance at DNC.com’s big TCPA summit in Scottsdale on Tuesday was other-(TCPA)worldly.He broke down all of the…

Case of the Missing Clause: Magistrate Judge Refuses to Recommend Arbitration of TCPA Claim Where Plaintiff Signed Up For Services Indirectly, Bypassing Defendant’s Arbitration Clause

14 Mar 201914 Mar 2019

A Magistrate Judge in the Southern District of Florida recommended Monday that a defendant’s motion to compel arbitration of a plaintiff’s TCPA claim brought on behalf of a putative class…

Federally-Backed Debt…

Content-Based Distinction In Action: District Court Grants Summary Judgment Under The TCPA’s Government-Backed Debt Exemption.

14 Mar 201914 Mar 2019

Yesterday, TCPA World covered recent First Amendment challenges to the TCPA. Today we bring you an example of the TCPA’s content-based discrimination in action. The Middle District of Florida recently…