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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”

TCPA Quick Hitter: Clinton Strange Denied Fee Waiver Because Litigation Costs of his TCPA Suits Are “Discretionary Spending”

Its always interesting to get a peek at how the other half lives. In a proceeding in district court in…

“Wake and Bake”: Vegas Dispensary Blum Hit in Latest in a Long Line of TCPA Class Actions Targeting Cannabis Industry

Quick story for you TCPAWorld. In December, 2019 a couple of ladies—call them Madeline and Kathy— walk into a pot…

FIREWORKS!: Here’s Everything You Need to Know About the Explosive Oral Argument in Facebook’s Big TCPA ATDS Battle

8 Dec 20209 Dec 2020

Facebook + robocalls= instant magic, at least in terms of readership on TCPA blogs. My goodness has there been a lot of traffic on tcpaworld.com today, and the interest is…

Is the Pendulum Swinging the Other Way? Court Finds TCPA Claims Viable Prior to Severance of Government Backed Debt Exemption by Supreme Court

As the Czar reported in late December (here), the plaintiffs’ bar had evened the score (3-3) with two recent decisions finding that the TCPA was constitutional as applied to calls…

Court Dismisses Repeat Player’s 17-Count Complaint for Failure to State a Claim

Sometimes more is just more. In Worsham v. Disc. Power, 2021 U.S. Dist. LEXIS 1931 (D. Md. Jan. 6, 2021), plaintiff brought a 17-count complaint against defendant under the TCPA…

District Court in the Ninth Circuit Holds That Bureau-Level Decision Is Binding, Contradicting Fourth Circuit’s Decision on Remand in PDR

10 Jan 202110 Jan 2021

A Christmas Eve decision from the Northern District of California addressed an important and recurring issue in the TCPAWorld: Whether the Hobbs Act requires a district court to accept the…

Bringing it All Together: What Callers in Each Industry Need to Know (Right Now) About the FCC’s Big Late-2020 Rulings on the TCPA and Carrier Call Blocking

7 Jan 20218 Jan 2021

You’ve read the coverage on TCPAWorld—the FCC issued two huge rulings in late 2020. One dialed back protections afforded under certain content-specific exemptions to the TCPA. And the second mandated…

FIRST (FREE) WEBINAR OF THE YEAR: Helping YOU Understand the BIG FCC TCPA/Carrier Rulings Issued in Late December

7 Jan 20218 Jan 2021

While the *other guys* are still wiping the sleep from their eyes following their long winter's naps, TCPAWorld.com is already hard at work in the new year bringing you the…

Some Friend: Court Denies Summary Judgment to Law Firm Collecting Debt Using LiveVox

6 Jan 20217 Jan 2021

In the Seventh Circuit Court of Appeals footprint—including Indiana—a system must randomly or sequentially generate numbers and dial them in order to qualify as an ATDS under the TCPA. But…

HAPPY NEW YEAR TCPAWORLD!: Here Are the Top 10 TCPA Stories from 2020 According to TCPAWorld.com Readers

5 Jan 20217 Jan 2021

Editor's Note: I flubbed the original title. This article addresses stories from 2020-- not 2019. Rusty much Troutman? Well folks as we turn the page on 2020--which most of us…

FAST START–TCPA Filings (and Class Actions) Spike to Start the New Year

5 Jan 20215 Jan 2021

Gees, its only Tuesday and there have already been 33 TCPA cases filed thus far in 2021. Of these 18 were putative nationwide class actions. In times past, 16 filings…

“Each Number Has Its Own Story”—Recent Class Certification Denial Perfectly Demonstrates Why TCPA DNC Class Actions Should Never be Certified

5 Jan 20215 Jan 2021

So I’m fresh off my Soltice break and have tons to do. But I wanted to start the year off with a blog about why TCPA class actions—particularly DNC cases…

FCC ISSUES VOLUNTARY CALLER ID AUTHENTICATION BEST PRACTICES FOR VOICE SERVICE PROVIDERS

In another year-end action as directed by Section 4(b)(7) of the TRACED Act, the Federal Communications Commission’s (FCC) Wireline Competition Bureau (Bureau) has issued “best practices that providers of voice…

ATDS/Human Intervention…

Out With The Old, In With The New: Archduke’s 2021 TCPA Predictions

4 Jan 20215 Jan 2021

Welcome to 2021, TCPAWorld. May it be slightly less terrible than 2020. And on that note, here are my predictions for the TCPA and calling regulations in 2021. 1) Increase…

FCC ADOPTS ADDITIONAL RULES REGARDING CARRIER CALL BLOCKING, SAFE HARBOR AND REDRESS FOR CALLERS

3 Jan 20213 Jan 2021

On the eve of New Year’s Eve, in addition to dealing with Telephone Consumer Protection Act (TCPA) exemptions, the Federal Communications Commission (FCC) takes further steps to satisfy certain obligations…

FCC AMENDS CERTAIN TCPA EXEMPTIONS: IMPOSES CALL LIMITS AND OPT-OUT REQUIREMENTS

The Czar’s report on the Federal Communications Commission’s (FCC) Telephone Consumer Protection Act (TCPA) order reassessing exemptions pursuant to requirements of Section 8 of the TRACED Act captures the essence…

BREAKING: FCC Issues Ruling Limiting Call Volumes Permitted Under TCPA Exemptions

30 Dec 20205 Jan 2021

I'm still hibernating but the FCC just issued its CRITICAL ruling implementing section 8 of the TRACED Act--specifically, it has reviewed all of its previous (content-specific) exemptions under the TCPA…

JUST IN TIME FOR SOLSTICE!– TCPA “GUARDIANS”: CEOs of Jornaya and Active Prospect Join Unprecedented Podcast to Discuss How They Can Keep YOU Safe in the Ever-Dangerous TCPAWorld

22 Dec 20204 Jan 2021

Just in time for the holidays we are pleased to bring you a HUGE podcast interview with two of the most remarkable and impactful CEOs in the TCPAWorld--Steve Rafferty of…

Blink And You’d Miss It: Just Like that the Plaintiffs Bar has Evened The Ledger On the Constitutionality of the TCPA

21 Dec 202022 Dec 2020

“In this town your luck can change just that quickly.” -Rusty (Brad Pitt), Ocean’s Eleven. Well that was fast. Just a week ago we reported on the first win by…

ATDS/Predictive Dialer Cases…

Trouble in New Mexico for a Company and Its Officer

In a decision with several important takeaways, the United States District Court for the District of New Mexico refused to dismiss a lawsuit filed by Robert Mestas against CHW Group…

Off the Hook: Defendant Walks Away from TCPA Liability for 89,000 Ringless Voicemail on Standing Grounds—But Let’s Not Get Carried Away

18 Dec 202022 Dec 2020

I’ve held off reporting on this one for a few days because I always try not to cause more harm than good with this (insanely popular) blog. And I am…

TCPA NIGHTMARE: Court Grants $122k Summary Judgment Against Debt Collector for Using Noble Predictive Dialer to Contact Revoking Debtor– CEO Must Face Jury on Personal Liability

18 Dec 202021 Dec 2020

When it comes to the TCPA, assumptions don’t just make a donkey out of you and me—they can make YOU quite broke. Consider the recent NIGHTMARE decision in Ramsey v.…

Don’t Get Confused: Despite Recent Ruling, Calls to Residential Cell Phones on DNC List Are Definitely (Probably) Actionable under the TCPA

18 Dec 202021 Dec 2020

Guys like Craig Cunningham jump for joy every time a case like Cunningham v. Britereal Mgmt., Civil No. 4:20-cv-144-SDJ-KPJ, 2020 U.S. Dist. LEXIS 23613 (E.D. Tex. November 20, 2020), adopted,…

HERE IT IS! The Huge Webinar Breaking Down the Facebook TCPA SCOTUS ATDS Review Oral Argument You’ve Been Dying For

17 Dec 202018 Dec 2020

So many many many of you have contacted me for my views on the HUGE oral argument last week. You've digested our live blog feed, watched our podcast with Sergei…

NERDING OUT: Here is Why NEW SCOTUS Review of Class Action Standing Principles Matters in TCPAWorld

17 Dec 202018 Dec 2020

For once here's a story you DIDN'T read about first on TCPAWorld.com--that honor goes to consumerprivacyworld. The Supreme Court granted cert. yesterday in a FCRA suit to determine: “Whether either…

Tell it to the Jury!: Debt Collector Stuck in TCPA Suit for Sending “Manual” Text Messages

15 Dec 202017 Dec 2020

The TCPAWorld remains a dangerous place for folks trying to communicate with their customers using text messages. This is true even in an era when P2P texting is finding increasing…

FCC NEWS: GOVERNMENT CONTRACTORS ARE TCPA “PERSONS” BUT MAY NOT BE THE MAKER OF THE CALL

14 Dec 202014 Dec 2020

In 2016, the Federal Communications Commission (FCC) found that the term “person” in Section 227(b)(1) of the Telephone Consumer Protection Act (TCPA) did not include the Federal government or agents…

THE OTHER SHOE DROPS: Court Holds SCOTUS Didn’t Find TCPA Unconstitutional After All

14 Dec 202017 Dec 2020

Remember when Creasy came out and I told you all to expect another massive split of authority? Its here. After jumping out to an impressive 3-0 lead, the defense bar has suffered…

ARCHDUKE DELIVERS!: Squire Team Lead By Daniel Delnero Earns Critical Ruling that TCPA Is Unconstitutional!

11 Dec 202015 Dec 2020

The wins just keep on coming for the Squire Patton Boggs TCPA defense team. Often times deliver first in the nation results-- but sometimes being third isn't so bad. Just…

A JARRING SHIFT: Here’s Why the Fourth Circuit Holding FCC TCPA Rulings Aren’t Entitled to Chevron Deference—Much Less Binding Effect Under the Hobbs Act– Is So Astonishing

11 Dec 202014 Dec 2020

Editor's Note: This is a MUST READ article folks--and I never say that. Tell a friend. TCPAWorld is such a weird place. Legal principles are constantly shifting. Indeed, TCPAWorld is…

TCPA Quick Hitter: “Click and Pause” ATDS Allegations Still Finding Favor in the Third Circuit

10 Dec 202011 Dec 2020

In the shadow of the big Supreme Court argument, the rank and file TCPAWorld suits carry on. Indeed the same day as the big oral argument this Tuesday, a court…

SO WHAT NEXT?: With The Oral Argument in Facebook’s TCPA Appeal Behind Us Here’s a Quick Look Ahead

9 Dec 202010 Dec 2020

With the whirl of GAME DAY behind us--what a blast-- its time to look forward a bit and take stock of where we are. First, many of you have asked…

FULL SENATE CONFIRMS SIMINGTON NOMINATION

9 Dec 202010 Dec 2020

The U.S. Senate has confirmed, on a 49-46 vote, the nomination of Nathan Simington to be a Commissioner on the Federal Communications Commission (FCC). Mr. Simington will take the place…

CZAR FEED LIVE: Squire Patton Boggs Partner Eric J. Troutman Provides Live and Unscripted Analysis of Facebook SCOTUS TCPA ATDS Oral Argument

8 Dec 20209 Dec 2020

Editor’s Note: This is a live feed that will be updated continuously during the argument. If new content does not load, refresh or revisit the page for the latest updates. Earliest…

ATDS/Human Intervention…

Archduke Live: Realtime, Unfiltered Coverage of The SCOTUS ATDS Argument

8 Dec 20209 Dec 2020

Editor’s Note: This is a live feed that will be updated continuously during the argument. If new content does not load, refresh or revisit the page for the latest updates. Earliest…

ALWAYS WINNING: Squire’s Financial Services Team Becomes Even More Powerful With Addition of Banking Law Heavyweight

7 Dec 20208 Dec 2020

As we all prepare ourselves for huge game day coverage tomorrow--what a lineup we have, my goodness--I wanted to take a moment to share a little more good news. Many…

Eleventh Circuit Torches Revocation TCPA Cases Again—Holds that “Apparent” Consent is Acceptable in the Context of Re-Consent

7 Dec 20208 Dec 2020

The Eleventh Circuit Court of Appeals continues to make life difficult for TCPA class action Plaintiffs and their counsel. TCPAWorld.com readers already know about how the Eleventh Circuit has become…

Steep Price: TCPA Defendant Sanctioned $48,622.22 for “Unethical” Conduct By Its Own Defense Lawyers

3 Dec 20207 Dec 2020

I'll keep this one brief because I hate to dwell on a sanctions award, but there is an important lesson here. As I reported a while back, a Defendant in…

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