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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”

Real Quick: Dialer Platform Amongst Numerous Amici Seeking Hunstein Panel Review

Remember when Hunstein came out and I made a big deal of it on TCPAWorld and told everyone that even dialing platforms…

Subway Can’t Enforce Arbitration: Appellate Court Reminds that Consumer Experience is Just as Important as Content of Disclosure

Those of you who have attended the Masterclass series on express consent the last few months know there are two…

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…

REAL QUICK: FLORIDA ROBOCALL BILL STILL NOT PRESENTED TO GOVERNOR–WILL TIME RUN OUT?

10 Jun 202111 Jun 2021

I know a number of you are eager to learn the fate of the big Florida robocall bill. As the federal TCPA appears to be limited only to pre-recorded calling…

HUGE TCPA WIN!: Court Finds Aspect predictive Dialer Not an ATDS– Explains Away Footnote 7

10 Jun 202111 Jun 2021

Well this is a big one. In the best analyzed post-Facebook ATDS decision to date, a Court in South Carolina has ruled the Aspect predictive dialer is not an ATDS…

ANOTHER BIG DAY: New Podcast Interview Drops along with Masterclass AND Big ACC Show

9 Jun 202110 Jun 2021

Another day, another awesome double-decker chance to inform and entertain. The HUGE Masterclass session on revocation is just two hours away. The Czarina, Kingmaker and I are ready to end…

This is Why There’s No Class Litigation in Idaho: Court Grants Settlement Approval But Cuts Counsel’s Rate to $280.00 an Hour

8 Jun 202110 Jun 2021

I don't know why this story makes me chuckle but it does. Let’s chat about something we rarely discuss these days—Idaho. Nice spot. Big mountains. Big sky. Clean water. Trees.…

TCPA.WORLD AFTERDARK: The Great Vegas Compliance Palooza Registration Now OPEN! And Other Stuff…

7 Jun 20219 Jun 2021

So much earlier today I teased some BIG news and here it is. YOU can register RIGHT NOW for the Great Vegas Compliance Palooza in Las Vegas July 22, 23,…

YAY–ITS MASTERCLASS WEEK!–Don’t Miss The Kingmaker and Czarina Breaking Down Revocation

7 Jun 20218 Jun 2021

What's better than summer break to a kid? MASTERCLASSES! This week we'll be talking revocation. Is partial revocation still a thing? Are contractual revocation clauses still binding? (Wait, were they…

No Jurisdiction! Florida Company Defeats Massachusetts’ Litigant’s Sprawling TCPA Lawsuit On Personal Jurisdiction Grounds

7 Jun 20217 Jun 2021

Patrick Michaud sued a Florida home improvement company and a salesperson in Middlesex Superior Court, Massachusetts. He asserted various TCPA and state-law equivalent claims. The Defendants moved the case to…

FCC INKS ROBOCALL MOU WITH AUSTRALIAN COUNTERPART

In furtherance of a global effort to combat illegal robocalls, the Federal Communications Commission (FCC) has signed a Memorandum of Understanding (MOU) with the Australia Communications and Media Authority (ACMA)…

NOT SO FAST: Court Holds Willfulness Requires Actual Knowledge of TCPA Violation

Third time’s the charm? Not quite, for a plaintiff in the Eastern District of Michigan who sought leave to amend the TCPA claims in his complaint to add a count…

TCPA CLASS COUNSEL LOSES MILLIONS: $60MM+ Class Recovery Looks to be Down the Tubes as Eleventh Circuit Finds No Insurance Coverage For TCPA Suit

4 Jun 20217 Jun 2021

TCPAWorld is so full of great stories. Here’s another one. A group of plaintiff’s lawyers settle a big class action against a seemingly insured party on behalf of a class…

“Disturbing”: Cell Phone Carrier’s Internal Coding Leads to TCPA Suit—Case Brought from Resulting Confusion Dismissed but Attorneys’ Fees Denied

3 Jun 20217 Jun 2021

Here’s another extremely interesting one. Apparently a consumer in Texas was receiving unwanted calls. Notations on her cell phone records made it look like those calls were coming from a…

ANOTHER MORTGAGE LENDER HIT: Premier Mortgage LLC Faces New TCPA Class Action Over Robotexts

3 Jun 20214 Jun 2021

Well the mortgage vertical is certainly in the plaintiff's bar's crosshairs these days. As we've been reporting, a string of new class actions have been filed targeting the practices of…

BOOK IT: I’ll be at Great IN PERSON Events June, July, August and September–Be There With ME

3 Jun 20213 Jun 2021

Editor's note: the Masterclass is on the 9th. Not the 8th. The CMBE is on the 8th. I can't keep track of myself these days. :) Well the travel schedule…

Banned from TCPA Litigation For Life?: Court Refuses to Enforce Purported Ban on TCPA Claims by Repeat TCPA Player—But Suggests the Dream Might be Achievable

2 Jun 20213 Jun 2021

Can a Defendant ban a TCPA repeat player from ever suing it again by using open-ended language in a settlement agreement? That seems to be possible following a ruling in…

GREAT BRIEF: The Folks at MBA Show How its Done With Riveting Brief Seeking En Banc Review of Hunstein

2 Jun 20213 Jun 2021

So I'll go ahead and initiate a slow clap here. While I have no idea how the en banc effort will turn out--although my bet is that the full eleventh…

QUICK UPDATE ON FLORIDA ROBOCALL BILL– It Hasn’t Been Presented to the Governor Yet (Probably)

1 Jun 20211 Jun 2021

Well I hope you rested up over the long weekend TCPAWorld because it looks like we're going to have a busy week. Quick update for those waiting with baited breath…

Facebook Update: Barnett is a TCPA Big Win–but let’s Take it Slow Folks

1 Jun 20212 Jun 2021

As the Earl reported today, a court in North Carolina delivered a big win to a home town bank and a popular predictive dialer platform on ATDS issues post-Facebook. Great…

ATDS/Predictive Dialer Cases…

Predictive Dialer NOT ATDS After Facebook! In Huge Post-Facebook Ruling Court GRANTS Defendant Summary Judgment, But Will Other Courts Follow?

1 Jun 20212 Jun 2021

As we've covered, earlier this year a unanimous Supreme Court held that the TCPA means what it says: for equipment to qualify as an ATDS, the TCPA "requires that in…

FCC TO ESTABLISH ONLINE PORTAL FOR SUBMITTING SUSPECTED ROBOCALL AND SPOOFING INFORMATION

In its continuing actions to implement the TRACED Act, the Federal Communications Commission will consider an order at its June 17, 2021 Open Meeting to implement Section 10(a) of the…

Facebook Changed Nothing?: Court Holds that Facebook Ruling Does not Alter pre-Existing Framework on Text Messages

After a few sleepy weeks in TCPAWorld developments are now pouring in. (And of course they are because its the Friday before a long weekend.) As I reported earlier, we’ve…

GETTING CLOSER: New Suit Dismissing ATDS Claim is Best Look Yet at Effect of Facebook in ATDS TCPA Suits

28 May 20211 Jun 2021

You'll recall earlier this year we discussed the series of cases filed against the National Republican Senatorial Committee. Well in the first of those cases the Court just issued a…

REQUIRED READING: Here’s the Text of the Old DO NOT Call Bill–Will the New One be Identical?

28 May 20211 Jun 2021

So I was reminded after my last post that the House previously considered H.R. 3810 ahead of the TRACED Act passing. That Bill had the same unfortunate name as the…

PRISON TIME IN THE WORKS FOR ROBOCALLERS?: New Democratic Bill Reportedly Adds Criminal Penalties to TCPA

28 May 202128 May 2021

We've been keeping a watchful eye for any movement out of Congress that might start the push toward TCPA 2.0. As I noted within days of the big Facebook ruling, it is…

More to the Story: Navient’s Counsel Explains A bit More On the Background Leading up to the Recent Franklin Decision

27 May 202128 May 2021

So the good folks over at Stradley reached out to me today to provide a bit more context on the procedural posture and background on the Franklin case we’ve been…

So What’s Going on in Florida Anyway?: New Robocall Bill May or May Not be Law and so Its Schrodinger’s Cat Time Again TCPAWorld

27 May 202128 May 2021

So a ton of you have been asking me about the new big Florida robocall statute and I have been holding off analyzing the thing because its not entirely clear…

A “Malarial Pond”: Fifth Circuit Court of Appeals Considers Unwanted Texts a “Public Nuisance” that Necessarily Cause Article III Harm

26 May 202127 May 2021

Unwanted texts are akin to a hogpen or a malarial pond, according to a colorful Fifth Circuit Court of Appeals decision today. Asked to affirm dismissal of a TCPA class…

REAL QUICK: Navient May (May) Get Another Chance to Defeat TCPA Claim Arising Out of Government-Backed Debt Exemption

26 May 202127 May 2021

You might recall last month Navient was hammered for calls it made in reliance on the government-backed debt exemption. Although the TCPA plainly permitted the calls it made at the…

IN CASE YOU MISSED IT: FREE Data Breach and Cybersecurity Webinar Taking Place TOMORROW

Hey folks So my friends at CPW are doing a big webinar tomorrow on hacking and data breach and cybersecurity stuff. Not really the Czar's brand of bourbon but to…

RESPONSE DEADLINES SET FOR USTELECOM RECON PETITION

USTelecom - The Broadband Association (UST) recently sought reconsideration of aspects of the Federal Communications Commission’s (FCC) Fourth Report and Order in the agency’s call blocking proceeding (https://docs.fcc.gov/public/attachments/FCC-20-187A1.pdf). The UST…

Throwing Shade?: Latest Court to Cite Hunstein Ends up Quietly Torching its Article III Standing Analysis

21 May 202126 May 2021

As I laid out a few weeks back, the Hunstein flubbed its Article III standing analysis in a big way. Specifically, after determining that a violation of 1692c(b) can cause…

NEW YORK SENATE PANEL APPROVES ROBOCALL BILL

The Consumer Protection Committee of the New York State Senate has unanimously reported a bill, S-6267, that would provide for the blocking of certain calls by telecommunications carriers (https://www.nysenate.gov/legislation/bills/2021/s6267). Specifically,…

TCPA TALE: 16 Years After Call is Made Appellate Court Finally Sinks TCPA Suit for Lack of Standing

19 May 202126 May 2021

Editor's note: Original version suggested the case was litigated for 16 years. That's not right. The call was made over 16 years ago but the case was filed in 2011…

HUNSTEIN UPDATE: Court in Illinois Cites Hunstein with Approval While Distinguishing It

We're keeping a close eye on the impact of the big Hunstein ruling from the Eleventh Circuit. Yesterday a court in Illinois became the first to apply the case, albeit indirectly. But…

SOME FUN STUFF: New Logo, Experts on Mortgage Podcast taping, MBA Legal Issues Spot, More

19 May 202121 May 2021

I know its hard to keep up with all my comings and goings-- I hardly know where I am half the time--so here's a couple of quick updates. First, an…

Elder Abuse?: Conservative Media Company Newsmax Hit With TCPA Class Action Alleging Telemarketing Abuse Targeting the Elderly

19 May 202119 May 2021

To cover my bases everything you are about to read is allegations contained in a new federal lawsuit. I am reporting what the lawsuit says and that's it. Read the Cohen…

FCC ISSUES TWO MORE CEASE AND DESIST LETTERS

The Federal Communications Commission (FCC) has issued two new “cease and desist” letters in its ongoing campaign to “combat illegal robocalls and spoofing campaigns that target and defraud consumers.” Specifically,…

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