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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”

BOILERPLATE BLUES: Another TCPA Defendant Ordered to Produce Massive Class Data Owing to Improper Objections so Let me Help

I hate to seem unpleasant right ahead of Thanksgiving but I just read the Fralish discovery order and I’m grumpy. As…

FACEBOOK FAIL: Another Court Finds Allegations of Predictive Dialer Usage Survive the Pleadings Stage

I’ll keep this brief because its Thanksgiving week and we want to be grateful not annoyed. Nonetheless, as the Czar…

ALL RIGHT FINE: Here’s a Link to that ATDS Webinar Everyone’s Been Asking Me For

4 Oct 20215 Oct 2021

Editor's note: Link added 10:53 am pacific. So I've been trying to stick to a "if you missed it you missed out" mantra when it comes to my recent webinars.…

TCPAWorld After Dark: Here’s the Order Setting the En Banc Appeal in Hunstein

Just a reminder--I was right. Here's the Order setting briefing. Note the issue on appeal. Right again. Amicus briefs due January 18, 2021. MEMORANDUM TO COUNSEL OR PARTIES Appeal Number:…

HAPPY THANKSGIVING TCPA.WORLD: Here are the Top 10 Stories You Can be Grateful for This Holiday

23 Nov 202124 Nov 2021

So last night the Fruit Duck conveyed the Czars personal gratitude to all TCPAWorld denizens (especially my clients--but also including everyone). Today I present the stories that you too should…

TCPAWORLD After Dark: The Fruit Duck Cometh and Gratitude

22 Nov 202123 Nov 2021

By most measures I'm a moderately successful guy. What's more, I've been able to maintain my success over a relatively lengthy period of time and despite numerous personality deficiencies. Ahem.…

STEALING FROM THE POOR?: Robinhood Financial Faces Robotext Class Action For Encouraging its Users to Text Their Friends–and it Highlights Additional State Risk

22 Nov 202123 Nov 2021

Wanted to highlight this extremely interesting new complaint I picked up today. Robinhood Financial--which apparently operates some sort of self-serve online brokerage the kids are using these days-- has been…

SENATE BILL WOULD DOUBLE PENALTIES FOR MISLEADING AND INACCURATE CALLER ID INFORMATION

21 Nov 202121 Nov 2021

The U.S. Senate Committee on Commerce, Science and Transportation has unanimously approved the Anti-Spoofing Penalties Modernization Act of 2021 (Modernization Act). The bill, S. 594, was introduced in March of…

AHEAD OF THE CURVE: Here Are the BIGGEST Emerging TCPA Theories the Czar Expects to See in 2022

19 Nov 202122 Nov 2021

Well, here's another one of those articles with a bunch of stuff you'll only hear about from the Czar. You're welcome. So I'm starting to prepare materials for the Summit,…

SUED FOR WHAT YOU DON’T SAY: New Text Message Content TCPA Theory Gaining Steam–And its Scary Stuff

18 Nov 202122 Nov 2021

So earlier in the week I covered a couple of rare but dangerous theories that the Plaintiffs bar is currently pursuing. Arguably the scariest "alternative" TCPA theory of all, however,…

CALLED IT: Eleventh Circuit Agrees to En Banc Review of Hunstein Ruling–Just Like the Czar Said It Was Going To

17 Nov 202119 Nov 2021

I love being right all the time. You love it too, except having to hear me brag about it. October 28, 2021: "That said, this amended ruling is very likely…

RARE BUT DEADLY: New Case Reminds That There’s A Lot More to the TCPA Than ATDS Claims

16 Nov 202118 Nov 2021

The TCPA is often wrongly regarded as preventing solely ATDS calls. And while TCPA.World has been covering the onslaught of lawsuits arising out of prerecorded calls and purported violations of…

FRANK SPEECH: MyPillow Caught in Robotext Lawsuit Alleging Consumers Blasted with Texts Merging Pillows and Politics

12 Nov 202116 Nov 2021

Editor's Note: Apparently the guy's name is Mike Lindell, not Frank Lindell. But either way, Real News. You know how I always say TCPA.World is the center of the legal…

SERIOUS ABOUT TCPA COMPLIANCE?: I’ll See you At the Summit Next Month

12 Nov 202116 Nov 2021

All right, so this is the last time I'm going to promote this thing on TCPAWorld. If you're serious about understanding the law and complying with the TCPA--you'll be there.…

NEW YORK ENACTS ROBOCALL BLOCKING AND STIR SHAKEN LAWS

New York Governor Kathy Hochul has signed into law two bills that address robocall issues. The first bill, S-6267/A-268 , requires telecommunications providers to block certain numbers. As described by…

ATDS/Human Intervention…

Ding Dong [Auto] Dialer Claims? Another Case Demonstrates the Difficultly in Bringing ATDS Claims After Facebook

Things certainly aren’t getting any better for the Plaintiff’s bar when it comes to ATDS (aka autodialer) claims—even in the Ninth Circuit. A court in the Southern District of California…

POT HOLE: Cannabis Companies Getting Caught in the Mini-TCPA Trap

9 Nov 202112 Nov 2021

One of the biggest TCPA trends earlier in the year was the onslaught of suits against cannabis companies related to marketing texts. After my big interview with the National Cannabis…

NO PIGGYBACKING: Court Dismisses Claim of Out of State Plaintiff Despite Viable Claims of Second Plaintiff

8 Nov 202112 Nov 2021

One things clever class action lawyers like to do is bring claims by multiple plaintiffs in a single case, even where the plaintiffs received calls in different jurisdictions. Combining claims…

TCPA QUICK HITTER: Another Court Finds Text Message ATDS Allegations Insufficient Because Safest Channel

8 Nov 20219 Nov 2021

As I've been saying, text messages are the safest channel of communication post Facebook. Here's another example. Guy talks to company. Company sends texts. Guy sends no consent. Court says--doesn't matter.…

THREAD THE NEEDLE: Court Reminds Everyone Just How Hard it is to Allege Agency in the Ninth Circuit

8 Nov 20218 Nov 2021

The Ninth Circuit footprint is renowned for being consumer litigation friendly. And in many instances it absolutely deserves that reputation. There is one very nice upside to litigating in the…

FLUENT TO THE RESCUE!: Popular Lead Supplier Bails Out Seller With Critical Consent Data Sufficient to Decertify Class

8 Nov 20218 Nov 2021

You know those movies where the heroes are pinned down against impossible odds and then the white knight suddenly appears and bails them out? Well, here comes Fluent charging in…

Arbitration Compelled! Court (Again) Rejects Claim that Party Did not Agree to Arbitration Because, Well, the Party DID Agree to Arbitration!

The Federal Arbitration Act has been around for almost 100 years. It requires courts to “rigorously enforce” arbitration agreements—on equal footing as any other contract. Yet parties often try to…

STUCK: Massive Ringless Voicemail Class Action Allowed to Proceed in State Court After Federal Dismissal for Lack of Standing

2 Nov 20218 Nov 2021

Here's another one of those "the Czar is always right" sort of stories. Turn away if you don't want to hear about it. So you'll remember the story from about…

TCPAWORLD AFTER DARK: A Royal Wedding; a TCPA Summit; and More Florida Mini-TCPA Filings

1 Nov 20218 Nov 2021

Good evening my TCPA.World. Ever so awake at night. Glistening streets bathed in neon, and all that. A little potpourri for you this evening. First, I am so pleased to…

A New Friend: Court Reconsiders Denial of MSJ on ATDS Issues and Grants Judgment to Defendant After All

1 Nov 20212 Nov 2021

A while back I wrote about a case where the Court had placed the burden on the Defendant to disprove the use of an ATDS, when the Plaintiff should have been required…

HAPPY REASSIGNED NUMBER DATABASE DAY: The FCC’s New Recycled Number Spotting Database is Live—Here’s How to Use It

1 Nov 20211 Nov 2021

Its odd to think I’ve been talking about this for nearly three years. On December 12, 2018 the FCC first announced the creation of the reassigned number database. The results…

STATUTORY RAPE OF A CELL PHONE?: New Class Action Alleges that Minors Can’t Give Legal TCPA Consent to Be Called on the Their Cell Phones

29 Oct 20211 Nov 2021

What a lovely headline. Got your attention? Excellent. Welcome to the blog. So, I've often mused that one needs a higher level of consent to call that handsome stranger's cell…

TCPA.WORLD HALLOWEEN HAUNT: The Top 5 Scariest TCPA Stories to Freak You Out this Halloween

28 Oct 20211 Nov 2021

Nothing is scarier than the TCPA. Vampires? Werewolves? Mummies? Frankensteins? Nope. Not even close. (Can you tell I watched Monster Squad recently, btw?) The TCPA is the biggest single compliance/legal…

THE PANEL WON’T BUDGE: Eleventh Circuit Panel Reaffirms Hunstein Post-Ramirez Over Fierce Dissent– Pages-Long Footnotes Required to Defend Position

28 Oct 202129 Oct 2021

Let me start with this, because it makes me feel better: This is like saying that sugar cookie batter is the same thing as chocolate chip cookie batter because sugar…

WILL TRANSUNION CASE SAVE VISALUS?: $925MM TCPA Judgment Hangs in the Balance as Visalus Takes its Appellate Shot

27 Oct 202128 Oct 2021

I read a lot of briefs. Good briefs. Bad briefs. Long briefs. Short briefs. Briefs to trial courts, appellate courts, the supreme court. Briefs my associates write. Briefs my partners…

BREAKING: Biden Making FCC Moves–Commission Likely Back at Full Strength Soon

26 Oct 202128 Oct 2021

Big news out of DC today. President Biden just announced that Acting Chairwoman Rosenworcel would be appointed the permanent chair of the FCC. Biden also announced that he would nominate…

SETTLEMENT REJECTED: Court Finds $25.00 Per Claim Class Settlement Insufficient in TCPA Suit

26 Oct 202127 Oct 2021

More news on the heels of yesterday's story on the Estate of O'Shea case. The Court has rejected the settlement submitted by the parties to resolve the claims of class…

LONG WAY TO GO FOR A GOOSE EGG: 8 Years and 100 Declarations Later, Plaintiffs See TCPA Fax Case Decertified

25 Oct 202126 Oct 2021

I often marvel that Plaintiff's lawyers are commonly granted loadstar multipliers in seeking attorney's fees based upon the complexity of a case. I mean, sure, the work I did was…

TCPAWorld After Death: Certified TCPA Class Action Lives On Despite Passing of Class Representative

25 Oct 202126 Oct 2021

So here's a quick "litigation from beyond the grave" story for Halloween week. A class action was certified against a company selling solar products back in 2017. Apparently the company…

TCPAWORLD After Leadscon: This isn’t Instagram…Its Better.

24 Oct 202125 Oct 2021

What happens in Vegas.... It starts with my incredible golf abilities. Top Golf. On the strip. To break the ice. 'Bout 300 right yards right there... (thanks for the vid…

FCC ENFORCEMENT BUREAU ISSUES THREE MORE CEASE AND DESIST LETTERS

The Federal Communications Commission’s (FCC) Enforcement Bureau (Bureau) has sent cease and desist letters to “three network providers—Duratel, Primo Dialler, and PZ/Illum Telecommunication—demanding that these providers immediately cease originating illegal…

It’s time..

HELLO CASH: Paronich Makes a Couple Million Bucks, NCLC Stands to Cash in Again from Latest Mega-TCPA Settlement

20 Oct 202125 Oct 2021

$3,430,256.23. That's how much class counsel will make off the latest mega TCPA class action settlement. This one a straight DNC class. I'm not sure how Paronich will be dividing his share…

DIGGING DEEPER: The Allstate Internal DNC Story is Even Worse Than it First Appears

20 Oct 202124 Oct 2021

So people are absolutely freaking out about this Allstate story I broke yesterday. And they should be. But seriously, I haven't seen traffic like this since that time hackers started…

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