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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”

3Apr 20203 Apr 2020

Branching Out: TCPA Repeat Plaintiff Shelton Tries His Hand at FCRA Litigation

It looks like everyone is shifting to FCRA lately. The Fair Credit Reporting Act–which has been on the books for 50…

3Apr 20203 Apr 2020

BREAKING: SCOTUS POSTPONES ORAL ARGUMENT ON APRIL SESSION–HIGHLY-ANTICIPATED TCPA ARGUMENT TO BE POSTPONED DUE TO COVID19

The word is in from the highest court in the land– the April oral argument calendar is to be postponed.…

Officer/Director Liability

It’s a No Go for Vendor “Doe” in Seeking Insurance Coverage for a TCPA Claim

Companies that bring marketing campaigns using unsolicited faxes tend to end up in putative class actions under the Telephone Consumer Protection Act ("TCPA"). Many companies use vendors to design and…

Ringless Voicemail…

New Argument Rejected: Fourth TCPA Blow to Ringless Voicemail May be the Most Painful One Yet

2 Apr 20203 Apr 2020

As we’ve reported in the past, Defendants using ringless voicemails have seen their chances of defeating TCPA suits dwindle and then recover some. After three straight district court losses, the…

We Scare Because We CARES: Huge TCPA/Privacy Cross-Over Covid19 Pandemic Webinar Coming Your Way… [WITH VIDEO TEASER]

2 Apr 20203 Apr 2020

So we're all living in a new world. And when America emerges from the "Great Timeout" (trademark pending) consumer preferences and behavior will have changed forever. Those companies that are…

ATDS/Human Intervention…

What a Disaster: Defendant’s Effort to Set Aside $233k Arbitrator Award Leads to Worst ATDS Decision in Over a Year

2 Apr 20203 Apr 2020

You know, sometimes TCPAWorld dwellers just have to take their lumps and move on from a bad ruling rather than risk creating bad law for all. Example: a Defendant in…

DOYLE/LATTA URGE FCC/DOJ ACTION AGAINST CORONAVIRUS ROBOCALLS

Last week, TCPAWorld reported that Senators John Thune (R-SD) and Ed Markey (D-MA) had written to US Attorney General William Barr and Federal Communications Commission (FCC) Chairman Ajit Pai urging…

Dismissed! 5 Texts in Violation of TCPA Don’t Convey Standing

1 Apr 20201 Apr 2020

Five unauthorized texts over three months are not a concrete injury in fact. This justice flourish just cropped up in the Southern District of Florida, and has sharpened TCPAWorld’s contours. …

INSURANCE UPDATE: TCPA Coverage Denied Again

1 Apr 20201 Apr 2020

When a company gets sued for unsolicited faxing under the Telephone Consumer Protection Act ("TCPA") they turn to their insurance companies for defense and ultimately indemnification for the law suit.…

Another Motion to Dismiss Denied: ATDS Allegations For Unwanted Text Messages Sufficient at Pleading Stage

A text message is considered a call under the TCPA. And to state a valid TCPA claim, the plaintiff must show that the equipment or system used to send the…

FAX NUMBER ON BUSINESS CARD CAN = EXPRESS INVITATION OR PERMISSION

Since the early days of the Telephone Consumer Protection Act (TCPA), the Federal Communications Commission (FCC), as implementer and interpreter of the statute, has held, on the issue of “prior…

Carrier Spam Filters Catching COVID-19 Emergency Messages– Can it be Stopped?

31 Mar 20202 Apr 2020

As TCPAWorld.com covered extensively last year, the FCC recently empowered carries to auto-enroll folks in spam filtering tools using "reasonable analytics" to block calls the carriers believe will be unwanted…

Financial Associations Seek Declaration To Allow Their Covid-19 Related Communications as TCPA Emergency Exceptions

31 Mar 202031 Mar 2020

FCC regulations implementing the TCPA provide that the Emergency Purposes Exception exempts “calls made necessary in any situation affecting the health and safety of consumers.” On March 20, 2020, the…

TCPA Loss Leads to Trouble for Lawyer: Federal Judge Sanctions Counsel for Missing Deadlines, Dishonesty

31 Mar 202031 Mar 2020

Occasional TCPA defense lawyer Joshua Thomas recently received an expensive sanction and public reprimand from a United States District Judge in Pennsylvania. Without explanation or reason, Mr. Thomas failed to file his clients' corporate…

ATDS/Human Intervention…

A New ATDS Pleading Standard?: Big Motion to Dismiss May be Harbinger of Things to Come

31 Mar 20202 Apr 2020

As TCPAWorld.com readers are now well aware, the clear majority of courts favor a narrow statutory reading of ATDS in assessing TCPA claims.To prove a valid claim a Plaintiff must…

FCC APPROVES STIR/SHAKEN MANDATE AND SEEKS COMMENT ON EXPANSION

31 Mar 202031 Mar 2020

The Federal Communications Commission (FCC) unanimously approved a STIR/SHAKEN call authentication mandate that TCPAWorld previously reported was circulated by Chairman Pai. The Order adopted by the agency “requires all originating…

FCC RELEASES RULES FOR TRACE-BACK CONSORTIUM

Acting to implement Section 13(d) of the Pallone-Thune TRACED Act, the Federal Communications Commission (FCC), on March 27, 2020, released a Report and Order and Further Notice of Proposed Rulemaking…

IT IS ALL RIGHT HERE!: Squire’s Unbeatable Legal Coverage of the Impact of Covid19 and the Pandemic on YOUR business

30 Mar 202031 Mar 2020

Tons of folks are reaching out to me for insight on CARES, and the impact of the coronavirus pandemic (I'm calling it a plague now) on the TCPAWorld and their…

Dr. Mauthe And Third-Party TCPA Liability Return

30 Mar 202030 Mar 2020

TCPAWorld has previously reported on the TCPA saga of Dr. Robert Mauthe and his campaign against unsolicited faxes from Optum, Inc. and Optum Insight, Inc. (Optum) seeking information on his…

Put to the Test?: TCPA Appeal of LiveVox HCI to the Ninth Circuit Could Test Limits of Marks Decision

27 Mar 202030 Mar 2020

As TCPAWorld.com readers know well, back in September, 2018 the Ninth Circuit Court of Appeals issued a ruling broadly interpreting the TCPA’s ATDS definition to cover all equipment that calls…

BREAKING: SEVENTH CIRCUIT COURT OF APPEAL (MOSTLY) AFFIRMS JUDGMENT AGAINST DISH–REMANDS FOR FURTHER CONSIDERATION OF $280MM AWARD

26 Mar 202027 Mar 2020

Well the judgment of the Seventh Circuit Court of Appeals is on on the big C.D. Ill. ruling that saw Dish Networks rung up for $280MM. The appellate court concluded…

HERE IT IS–The Giant Senate Coronavirus Relief Bill (CARES)–and What It Might Mean for TCPAWorld if/when It Becomes Law

26 Mar 202030 Mar 2020

Both chambers of Congress have been working furiously the last 10 days or so on legislation to help the struggling American people--and the world economy--with the onset of the awful…

FCC ESTABLISHES HOSPITAL ROBOCALL PROTECTION GROUP

Fulfilling an obligation in Section 14(c) of the Pallone-Thune TRACED Act, the Federal Communications Commission (FCC) yesterday announced the formation of a new federal advisory committee – the Hospital Robocall…

Keep it Moving! District court agreed SCOTUS May Strike The TCPA, but Holds Defendants Did Not Meet Evidentiary Burden to Earn a Stay

In re Midland Credit Mgmt., Case No. 11-md-2286-MMA (MDD), 2020 U.S. Dist. LEXIS 49091 (S.D. Cal. March 18, 2020) originated in 2011. A lead class action member and several dozen…

Don’t Feed Them: Pizza Hut TCPA Settlement Results in $2MM In Fees for Plaintiff’s Lawyers—and A Huge Potential Recovery for the NCLC

25 Mar 202026 Mar 2020

Time and time again we have written about the National Consumer Law Center’s efforts to lobby Congress—and the Courts—for a broader TCPA. The NCLC seems to be constantly pouring resources…

Desperate Times in TCPAWorld: Plaintiff’s Bid to Use Objections to Interrogatories as an Admission of Autodialed Calling Rejected in Latest Defense Judgment

24 Mar 202026 Mar 2020

The big wins are rolling in for TCPA Defendants. With twin circuit court of appeals rulings from the Eleventh and Seventh Circuit Courts of Appeal narrowing the scope of the…

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