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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”

13Aug 202013 Aug 2020

TCPA Breakthrough!: Critical New District Court Ruling Highlights the Difference Between Marketing and Informational Texts

In our post-COVID world, telesales and ecommerce is more important than ever. But the Telephone Consumer Protection Act (“TCPA”) continues…

A Dark Day for Free Speech: Supreme Court Upholds Statute Supposedly Preventing Robocalls–But at what Cost?

6 Jul 20208 Jul 2020

This last weekend our nation celebrated--if that word can rightly be used given the current turmoil-- its Independence Day. First among the freedoms we hold dear is the right to…

The Battle is On!: First Reasoned Order Denying Stay of TCPA Case Pending Facebook Highlights What Not to Do When Seeking a Stay

12 Aug 202013 Aug 2020

As I just reported earlier today Squire Patton Boggs earned the nation’s first opposed stay of a TCPA case pending the big Facebook SCOTUS appeal. A client of a different…

We Did It Again!–Squire Patton Boggs Team Earns Nation’s First Opposed Order Staying TCPA Case Pending Facebook SCOTUS Appeal

12 Aug 202013 Aug 2020

Back in February our team had the honor of earning the nation's first stay pending the outcome of the Supreme Court's review of the TCPA in Barr v AAPC. Today, it…

Standing Argument Focusing On Who Paid for the Cell Phone Fails, Again

In Vargas v. Vehicle Sols. Corp., defendant-lender argued that because the plaintiff, Ms. Vargas, did not pay for the cell phone the lender called, she lacked standing. Like virtually every…

RELIEF FROM MOTION FOR DEFAULT AMIDST COVID-19 CALAMITY

The COVID-19 pandemic has affected processes and procedures for plaintiffs and defendants in may courts. But what about relief from a motion for default judgment entered by the court? In…

“Unethical and in Bad Faith”: TCPA Defendant and its Counsel Hammered By Federal Judge for “Coercive” Ex Parte Contacts With Class Members

10 Aug 202012 Aug 2020

The line between zealous advocacy and unethical coercion is sometimes finer than it ought to be. But, as one recent case demonstrates, when it comes to making unilateral contact with…

Webi-CZAR updates: My Latest Webinars on ATDS, Consent and….Me– Now Available

10 Aug 202012 Aug 2020

While you folks are digesting the many important lessons to be gleaned from Quicken's recent arbitration stumble, I thought I'd provide a few more video resources for those of you…

Picking Up the Pieces: Quicken’s Big TCPA Arbitration Loss is a Lesson for Us All

10 Aug 202010 Aug 2020

Lawyers are generally terrible at understanding technology—particularly their client’s technological solutions deployed to meet specific business needs. Something about the idea of machines doing meaningful stuff just makes most lawyers’…

Seventh Circuit Rejects “Blackmail”: Settlement Objectors Who Were Paid Off to Release Appeal Forced to Hand Back the Dough [EXPLAINED]

7 Aug 202010 Aug 2020

Here's a remarkable start to an appellate opinion: A plaintiff class and a defendant submit a proposed settlement for approval by the district court. A few class members object to…

AWESOME!: BIPA, CCPA and FCRA POWER Pages Now Available on Consumerprivacyworld.com

5 Aug 202010 Aug 2020

The internet finally has a one stop destination for all the critical information YOU need on litigation involving three of the most important privacy statutes in the United States. The…

HUGE FREE TCPA Webinar Tomorrow: Breakdown of Key ATDS and Text Developments to Be Discussed

5 Aug 20207 Aug 2020

Well it has been about a week since my last webinar- ha- so it is time for another one. As you know, there is a TON going on right now…

Overly Eager: TCPA Suit Proceeds Against Company that (Allegedly) Sent Ringless Voicemails to Consumers Who Entered—But Did Not Submit—Phone Numbers on a Website

5 Aug 20207 Aug 2020

Sales folks are so creative. Always looking to obtain the upper hand in a COVID-ravaged market, sales teams will often dream up highly novel ways to generate consumer engagement. Compliance…

This Is How You Do It!: Manufactured TCPA Case Against Defendant Thrown Out of Court of Lack of Standing Following Stoops

4 Aug 20205 Aug 2020

As I lamented not long ago, my critical win in Stoops has been mostly relegated to the library shelf since few defendants have properly leveraged it. While Stoops was the…

TWO BITES– ONE APPLE: : Court Denies Class Certification in Skip Trace TCPA Case but Gives Plaintiff a Second Chance—And a Little Help

31 Jul 20205 Aug 2020

Well here’s something you don’t like to see. A Plaintiff files a patently insufficient certification motion—lacking even basic evidence on the issue of numerosity—but is awarded both another bite at…

Plaintiff is Denied Prejudgment Interest Motion Against Credit One

This five year old TCPA case, Salerno v. Credit One Bank, N.A., 15-CV-516 (JLS), 2020 U.S. Dist. LEXIS 133636 (W.D.N.Y. July 28, 2020), is still churning. As background, in June…

Keep Up Already!: 3 Quick Graphics Demonstrate the Rapid Evolution of the TCPA’s ATDS Landscape

30 Jul 20204 Aug 2020

Well folks I have a quick 30 minute window that was just handed to me so why don't I use it to illustrate the big TCPA ATDS changes afoot here…

HUBRIS: Turns Out TCPA Defendant in Disastrous Sixth Circuit ATDS Ruling Actually Affirmatively OPPOSED Stay Pending Supreme Court Review

29 Jul 202030 Jul 2020

Thanks to a reader for this tip. This is just too rich. As I wrote earlier today, the Sixth Circuit Court of Appeals just issued a massive decision turning the…

UNBELIEVABLE– SIXTH CIRCUIT COURT OF APPEALS FOLLOWS MARKS: Re-Shapes TCPA ATDS Landscape at the Worst Possible Time

29 Jul 202031 Jul 2020

The score is now 3-2 in favor of the bad guys. We'll get to that. Just last week I urged everyone to stay TCPA ATDS cases in "yellow" jurisdictions for…

BREAKING TCPA NEWS: “We agree with the Ninth Circuit’s assessment and approach”: Sixth Circuit Court of Appeals Follows Marks– Rules Random and Sequential Number Generation Not Required!

29 Jul 202029 Jul 2020

My goodness. More bad news. The Sixth Circuit Court of Appeals today held that an ATDS includes any dialer that can call automatically from a list, following Marks. Analysis here.…

FCC CLARIFIES SCOPE OF COVID-19 EMERGENCY CALL EXEMPTION

As TCPAWorld reported in March, the Federal Communications Commission’s (FCC) Bureau of Consumer and Governmental Affairs (Bureau) issued a Declaratory Ruling recognizing that “the COVID-19 pandemic constitutes an ‘emergency’ under…

TRUMP CAMPAIGN FOILED IN EARLY APPEAL ATTEMPT

28 Jul 202028 Jul 2020

The latest chapter in Donald J. Trump For President, Inc.’s (Trump Campaign) effort to extricate itself from the grasp of the Telephone Consumer Protection Act (TCPA) unfolded on Sunday, July…

Don’t Fall For It: How Repeat TCPA Players Can Use Business Lines to Trap Defendants with B2B Calls

28 Jul 202029 Jul 2020

It’s the oldest—and perhaps most effective—trick in the TCPA book. A would-be TCPA Plaintiff lists their phone number as a business contact line on a website or as part of…

FCC BUREAU’S P2P DECLARATORY RULING “APPEALED”

27 Jul 202028 Jul 2020

TCPAWorld recently reported on Declaratory Ruling by the Federal Communications Commission’s (FCC) Bureau of Consumer and Governmental Affairs (Bureau) holding that if a texting platform actually “requires a person to…

CONTEXT OF CALLS WITHOUT CONTENT DID NOT ESTABLISH TELEMARKETING PURPOSE

The title above surely encompasses the patently obvious – a call without any content cannot have been made for a telemarketing purpose. Yet can the “context surrounding” such “silent” calls…

SENATE COMMERCE COMMITTEE APPROVES O’RIELLY RENOMINATION

23 Jul 202023 Jul 2020

The U.S. Senate Committee on Commerce, Science and Transportation (Commerce Committee) has favorably reported the renomination of Federal Communications Commission (FCC) Commissioner Michael O’Rielly. The Commerce Committee approval came on…

TCPA Tipping Point?: Keller Williams Baits Disastrous N.C. ATDS Ruling that Could Send the Fourth Circuit Veering Toward Marks

23 Jul 202027 Jul 2020

The Czar is cranky. Just a few weeks ago I discussed how the Trump campaign created awful ATDS case law in the Eighth Circuit with an ill-conceived (IMO) bid to…

ATDS/Predictive Dialer Cases…

No TCPA Claims Against Debt Collectors Allowed!: Court holds that ATDS Allegations Against Debt Collection Companies Simply not Plausible in Seventh Circuit

22 Jul 202023 Jul 2020

Here’s a big TCPA ruling for debt collectors and servicers-- and a bit of a downer for everyone else. The Court in Mosley v. General Revenue Corp., Civil Action No.…

$100 a Day in Sanctions: Shelton Is Simply Crushing a TCPA Defendant and I Just Can’t Watch Anymore

22 Jul 202023 Jul 2020

Someone stop the fight. Throw in the towel. Cut the power. Do something. James E. Shelton is absolutely pummeling a Defendant in an ongoing TCPA spat in PA and it…

Can’t Beat This: Consumer Privacy World Has Full Team Coverage of FTC PrivacyCon Underway

21 Jul 202022 Jul 2020

If you live in the TCPAWorld, chances are good that privacy and advertising issues matter to you. I know most of you are already following consumerprivacyworld.com--huge following over there already--but…

Bringing it All Together: SCOTUS/FCC/TRACED/RVM– Here’s Everything You Need to Know About All the Big TCPA Stories Going RIGHT NOW

20 Jul 202022 Jul 2020

Well 2020 has been a huge year for TCPAWorld so far, and as I start cracking on the big Mid-Year Review, let's pause and take stock of everything we have…

Short but Painful: Caliber Home Loans Roughed Up in Brief Robocall TCPA Ruling

17 Jul 202020 Jul 2020

Most of the times a two page order is a good thing for Defendants. But when its not, it is generally a very bad thing—perhaps an indication the Court thought…

FCC APPROVES CALL BLOCKING SAFE HARBORS

17 Jul 202020 Jul 2020

The Federal Communications Commission (FCC) has now approved “two safe harbors from liability for the unintended or inadvertent blocking of wanted calls, thus eliminating a concern that kept some companies…

Threadbare ATDS Allegations Not Enough–Even in the Second Circuit

As we have covered , the Second Circuit in Duran v. La Boom concluded that the Telephone Consumer Protection Act ("TCPA") applies to any system that calls or texts automatically…

We Harmed Him—Really We Did: NHL Hockey Team Argues Unwanted Texts it Sent Actually Did Injure People Because…TCPAWorld

15 Jul 202017 Jul 2020

So its Opposite Day here in TCPAWorld. I’ll prove it. Imagine a case where a Plaintiff—the one bringing a lawsuit—admits that a Defendant—the person being sued—didn’t actually harm them, but…

NO REHEARING FOR FAX SURVEY WITH HONORARIUM

In May, TCPAWorld reported on the decision in Dr. Richard E. Fischbein et al. v. Olson Research Group, Inc. et al., 2020 U.S. App. LEXIS 15592, No. 19-3018, No. 19-3022,…

What is an ATDS Anyway? Here is Your DEFINTIVE Guide to the Massive Circuit Split Surrounding the TCPA’s ATDS Definition

15 Jul 202020 Jul 2020

Well folks, as we prepare for the Supreme Court review of the Telephone Consumer Protection Act (TCPA's) critical automated telephone dialing system ("ATDS") definition it is important to take note…

Desperately Seeking QUALITY: Here are all the Great TCPAWorld.com Webinars/Podcasts Breaking down the HUGE TCPA Week-That-Was

15 Jul 202017 Jul 2020

If it is worth doing, it is worth doing right. Every once in a while I poke my head up and tune into some of the work done by others…

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We’ll break all the TCPA news–usually before anyone else does–with witty and informative articles that break the mold of stuffy law firm analysis. Yet the analysis you’ll find will always be dead on and steeped in our decades of combined TCPA defense experience.

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