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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”

12May 202112 May 2021

The Case of the Guy Answering His Mother’s Phone Was Just Dismissed—But its Not All Good News

So you might recall a while back I was in a tizzy because a repeat TCPA litigator was permitted to…

11May 202111 May 2021

TCPA 2.0: A Call For Congress to Get Serious About Robocalls While Protecting the First Amendment—Here’s How

I’ve been teasing this for a while, but here is my take on what Congress should do on the TCPA…

FACEBOOK IS OUT!: The 6 Most Critical Take Aways–and One Most Important Question–Following the Supreme Court’s HUGE TCPA ATDS Ruling Today

1 Apr 20212 Apr 2021

Well folks, it never fails. I try to sneak out on a vacation and a major TCPA ruling comes down. It happened with ACA Int'l. It happened with the Ominibus. And…

TCPAWORLD AFTER DARK: What Should We Name our Big HOT Summer Compliance Show in Vegas Town?

10 May 202112 May 2021

And no we won't call it the Big HOT Summer Compliance Show in Vegas Town. Probably. So you've heard a lot about this huge show we're putting on. The planning…

ANOTHER MORTGAGE LENDER SUED: First California Financial Hit in TCPA Robocall Suit Over “Follow-up Call” on Mortgage Rates

10 May 202111 May 2021

Well the TCPA cases continue to pour in post-Facebook and just as we predicted they are focused primarily on pre-recorded calls. Interestingly the mortgage vertical has really been hit hard by…

Whatever Happened to Creasy Anyway?: Here’s An Update on the Lopsided Status of the Ongoing Constitutional Challenges to the TCPA

7 May 202110 May 2021

Not long ago you’ll recall we had the ACLU on the podcast to discuss their effort to defend the First Amendment in an ongoing TCPA challenge in the Sixth Circuit…

BIG TUESDAY: May 11, 2021 Will Be Another Red Letter TCPAWorld Date–TWO Big Speaking Gigs on One HUGE Day of TCPA Fun

5 May 202110 May 2021

You know how most lawyers speak once or twice a year and think they've invested quite a bit? Well I'll be speaking twice at two separate events, in one day…

HERE THEY ARE: The Most Helpful TCPA Graphics Ever (You’re Welcome!)

4 May 20217 May 2021

Ok, so a bunch of you have been asking for the handy flow charts we've been using during the Masterclasses. I'll provide them to you but you have to PROMISE…

Class Actions…

Stunning Decision from West Virginia: Common Carriers Can Be Liable for TCPA Violations on Their Network

3 May 20215 May 2021

Platforms, carriers, and anyone else worried about TCPA liability should pay close attention to a recent decision out of West Virginia. Daina Mey sued several common carriers--including CenturyLink and Level…

HERE’S WHAT’S WRONG WITH HUNSTEIN: Here’s the Simple and Obvious Spokeo Error That Lead to the SCARIEST FDCPA Case Ever

3 May 20215 May 2021

So I put these thoughts together for my friends at the MBA over the weekend but there's no reason not to share them more broadly--always happy to discuss. Let's state…

Trifecta: Eleventh Circuit Decides The Case of the Three Judgments in Favor of Loan Servicer

3 May 20214 May 2021

I heard there was a horse race over the weekend. Well I have an interesting little trifecta for you TCPAWorld. In Floyd v. Sallie Mae, No. 20-12770 Non-Argument Calendar, 2021…

Stuck in the States: Canadian Company Trapped in TCPA Suit in California Because the TCPA is Too Whacky for Canada

3 May 20213 May 2021

I love Canada. True story, I visited not long ago and I went to a sandwich shop ordered a hoagie and they gave me a donut for free. Gave me…

ITS MASTERCLASS WEEK!: Big Buyer’s Consent Class Happens Wednesday–And I’m a Little Nervous

3 May 20214 May 2021

Editor's Note: I can't even spell masterclass I think the word is so dumb. hahhaha You woke up this morning thinking it was just another week--but its not. Its MASTERCLASS week!…

BREAKING: Florida Privacy Law DEAD! (For Now) and I’m Hearing Crazy Rumors Carriers Are Planning to Shut Off Cannabis Traffic

On Privacy-- Bullet dodged. For now. The Big Florida privacy bill that looked to upend privacy requirements in the Sunshine State just fell apart. More on Consumer Privacy World. Also…

IN CASE YOU MISSED IT: Here’s that Big law360 OP ED on Facebook and AMG Capital Management Everyone is Talking About

29 Apr 20213 May 2021

So I assume you saw this already, but just in case here is that big op-ed I penned on Facebook and AMG Capital that ran in law360 this week. (Re-published with permission.) Just…

THE HUNSTEIN COMPLAINTS ARE POURING IN: Eleventh Circuit Ruling Produces Predictably Swift Deluge of Class Action Litigation

29 Apr 20213 May 2021

Well that didn't take long. In week since Hunstein was decided I have over a dozen class action filings pour in. Names like Portfolio Recovery Associates, Financial Recovery Services, Allianceone Receivables Management,…

FEELING THE HEAT: Mortgage Company Blasted in New DNC TCPA Class Action–And there Are Lessons Here

29 Apr 202129 Apr 2021

Well the TCPA class actions continue to pour in post Facebook--but they are all focused on DNC and pre-recorded call claims. Notably purchased-lead scenarios continue to be an issue. But so…

CONGRESS HOLDS HEARING ON FTC POWERS– Watch Here

27 Apr 202129 Apr 2021

Well folks did you catch the big hearing today? If you did you basically saw a bunch of lawmakers reading off of notes. But the witnesses did pretty good. This…

JUST ANNOUNCED: Czar Will be Speaking At PACE–and a HUGE Webinar on Hunstein TOMORROW

Well, I already had a packed schedule, but why not add more? Two big speaking gigs just announced, and you're going to want to take note. First, TOMORROW a break…

No Coverage for Common Law Claims “Arising Out Of” Alleged TCPA Violations

TCPA lawsuits are expensive. So when Colorado company Mesa Laboratories, Inc. faced a class action for its unsolicited faxes promoting dental-industry-related services, it turned to its insurance company for coverage.…

MEANWHILE… Congress Circulates Bill to Give FTC Back the Right to Seek Monetary Relief

This has been quite the week. So just yesterday we discussed the Supreme Court's big ruling in AMG Capital and how the FTC had been stripped of its self-appointed power to obtain…

WHAT CAN BE DONE?: Everyone’s Asking Me About Options in Light of Hunstein– Here’s a Few Musings

23 Apr 202129 Apr 2021

Guys I'm a TCPA lawyer. Nonetheless I'm famous for creative thinking and solving problems so everyone (apparently) wants the Czar's take on how collectors and (maybe) servicers or collectors can…

Upsetting the Apple Cart: Eleventh Circuit Court of Appeals Makes it Illegal for Collectors to Share Information With Vendors

23 Apr 202127 Apr 2021

Anytime an appellate decision contains words akin to these you know its a big deal: "It’s not lost on us that our interpretation of § 1692c(b) runs the risk of…

WHAT DOES IT REALLY MEAN?: The Czar and the Archduke Break Down the Importance of the Big SCOTUS FTC Ruling Today

22 Apr 202123 Apr 2021

Well we helped break the news today that the Supreme Court has stripped the FTC of its self-appointed power to use courts to recover ill-gotten gains. This is a HUGE…

WOAH: SUPREME COURT STRIPS FTC OF KEY ABILITY TO OBTAIN MONETARY RELIEF IN COURT–CONGRESS VOWS SWIFT ACTION

22 Apr 202123 Apr 2021

Well this is a big one. And although it doesn't relate directly to the TCPA, the cross-over issues here are pretty clear. So there's this agency--the FTC-- and it has…

Footnote Focused: Court Allows Further Briefing on Elusive Meaning of Facebook’s Critical Footnote 7

22 Apr 202122 Apr 2021

Really interesting one for you. A court in Texas has used footnotes to invite further briefing about footnotes, and I saw what it did there. But beyond being clever, the…

TCPA Quick Hitter: Another Court Explains the Difference Between a Merits Challenge and a Standing Challenge

21 Apr 202122 Apr 2021

I’ve always been a purist. Legal doctrine is black and white to me. No grey. It applies as intended, or it shouldn’t be applied at all. Obviously not every Court…

TCPAWorld After Dark: Colonial Penn Life Insurance Hit With TCPA DNC Class Action

Well the insurance vertical seems to be in the cross-hairs again. I've seen a few recent filings against familiar names and I figured I'd point this one out. The good…

MADNESS: Court Holds Collector Can Be Liable Under TCPA for Calls That Were Exempt At the Time They Were Made

20 Apr 202122 Apr 2021

Well folks, this is the TCPA's jump the shark moment. Yes, we've seen madness before. There was that time the FCC used an exemption in favor of government contractors to…

What Will Appellate Courts Do With Facebook?: New SCOTUS Remands Put the ATDS Ball Back in Familiar Courts

19 Apr 202121 Apr 2021

My buddy Sara Merken--great reporter--broke the news today that the Supreme Court has remanded the LaBoom Disco and Allan cases back to the Second and Sixth Circuit Courts of Appeal, respectively. The results in…

Keystone: A Court in PA Just Quietly Saved TCPAWorld from a Massive Onslaught of New Internal DNC Cases and No One is Talking About it

19 Apr 202120 Apr 2021

With Facebook neutralizing most TCPA ATDS claims, understanding the DNC rules—including the dense CFR requirements— is more important than ever. Well a court in Pennsylvania just quietly saved TCPAWorld from…

Hawaii School Sued for Calls to A Parent!

19 Apr 202119 Apr 2021

No institute is safe from TCPA lawsuits--not even a school. Proceeding pro se, an Oklahoma-resident plaintiff, John Anthony Guadnola, sued the Waialua High and Intermediate School for calls concerning his…

PACKED SCHEDULE!: Here’s what the Czar is up to the Next Three Months

18 Apr 202119 Apr 2021

Well folks, I know everyone is looking forward to getting back on the road and to in-person events now that we're all vaccinated up. Figured I'd put a few major…

WOW!: TCPAWORLD.com Launches Facebook Resource Page and Audio Format Blogs

16 Apr 202119 Apr 2021

Yeah, I know... we're awesome. As we constantly aim to improve your experience with TCPAWorld.com--and your easy access to all things TCPA--we sometimes deploy new channels and resource pages. Well…

Prerecorded Recall Disaster: Automated Messages Urging Mayoral Recall Lead to Certified TCPA Class Action

16 Apr 202116 Apr 2021

Listen in via TCPA Today Big TCPA trouble in Music City. Some outfit in Tennessee styling itself “No Tax 4 Nash” is in a (TCPA) world of hurt after…

SPIKE IN NEW TCPA FILINGS SAYS IT ALL: DNC and PreRecorded Voice Claims Are Pouring In

16 Apr 202118 Apr 2021

Audio version here: During the peak of the TCPA lawsuit epidemic I would see 15-20 cases filed a day. Between AAPC and Facebook that number dropped a ton--some days we'd see zero filings.…

Another Weird TCPAWorld Moment: That Time a Guy Subpoenaed the FTC to Produce the Entire NDNC List and Got 4.3MM Records Instead

15 Apr 202116 Apr 2021

Prefer to get your TCPA news in audio form? Subscribe to the new TCPA TODAY spotify podcast to get audio versions of TCPAWorld.com's great content. Click below: I love TCPAWorld.…

Did the NRA Just Take Down the TCPA? CRITICAL New Ruling Holds Facebook Requires “Use” of R&SNG and Not Just Capacity

15 Apr 202116 Apr 2021

Editor's Note: It was just pointed out to me by a reader that the Judge issuing this opinion-- the Hon. Lance E. Walker, was actually himself a member of the…

DEADLINES SET FOR RESPONSES TO PETITIONS TO RECONSIDER TCPA EXEMPTIONS ORDER

On March 31, 2021, the Federal Communications Commission (FCC) released a Public Notice concerning the deadlines for responding to two Petitions For Reconsideration (Petition) filed in connection with the agency’s…

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