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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”

16Sep 201916 Sep 2019

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Recycled Number Relief Pushed to 2020: FCC Grants Further Extension on Reassigned Number Database Implementation

Quick update for anyone wondering what has become of the FCC’s reassigned number database. Last December, 2018 the FCC issued…

16Sep 2019

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Unmask The Real Class: Latest Disastrous TCPA Discovery Decision Shows Why Moving to Strike Class Allegations is So Essential

I’ve said it a hundred times—do not let failsafe class definitions or overly broad classes slip past the pleadings stage…

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First Amendment Morass: Ninth Circuit Strikes Down Statute Regulating Automated Calls on the Basis of Content—Misses The Irony

13 Sep 201916 Sep 2019

I love a little irony in the morning. Or in the afternoon. Really anytime is a good time for irony. How about right now. The Ninth Circuit Court of Appeal…

Platform Providers…

What is a Prerecorded Call under the TCPA?: New FCC Petition Asks for Clarity that Live Agent Calls Using Recorded Messages Do Not Qualify

13 Sep 201916 Sep 2019

As we reported just last week, a court found for the first time that a wait queue message—i.e. a “please hold for an important message” notification—qualified as a prerecorded call…

Arbitration…

Arbitration Under Attack: New Bill Aims To Curb Contractual Rights To Arbitration.

13 Sep 201916 Sep 2019

By their very nature, many TCPA suits end up in arbitration, particularly when a bank or other financial institution is involved. This serves benefits for both the consumers and the…

Ringless Voicemail…

The Science of Law: DirectDrop Ringless Voicemail Inventor David King Joins the Unprecedented Podcast to Explain Precisely Why The Technology Doesn’t Trigger the TCPA

11 Sep 201913 Sep 2019

Well get ready for another AMAZING episode of Unprecedented. In Episode 9 we feature and interview with a true American innovator– David King, the inventor of VoApps ringless voicemail technology.…

Class Actions

Ouch: California Debt Collector Hit With $267 Million TCPA Verdict

11 Sep 201913 Sep 2019

TCPA cases against debt collectors and first-party creditors are notoriously difficult to certify. They typically involve individual issues of consent and revocation that make certification impossible. But when a debt…

ATDS/Human Intervention…

TCPA Calm Before the Storm?: Another ND Ill Case Applies Statutory Definition—But all Eyes Are On Gadelhak

10 Sep 201911 Sep 2019

In what has become a common theme of late another court in the Northern District of Illinois has held that a dialer must operate randomly or sequentially to qualify as…

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CORPORATE CLOSEDOWN DOES NOT SHIELD BOSS FROM POTENTIAL TCPA CULPABILITY

9 Sep 201910 Sep 2019

So, your corporation is sued under the Telephone Consumer Protection Act (TCPA). One defense strategy if you are the founder and sole owner: cease operations, terminate your employees, close your…

ATDS/Human Intervention…

Did It or Didn’t It?: Big TCPA ATDS Win Affirmed by Sixth Circuit—But Opinion Leaves Room For Debate as to Scope of Decision

9 Sep 201910 Sep 2019

Just what TCPAWorld needed—something else to debate. We’re going to need a replay review on this one folks. And no, I’m not talking about football. In Gary v. Trueblue, Inc.,…

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Wait for It: Second Florida Court Applies Statutory ATDS Definition—But Dialer Wait Queue Messages Deemed Pre-Recoded Calls for TCPA Purposes

6 Sep 20199 Sep 2019

Well we are all still trying to cope with the fallout from Morgan and now we have something new to worry about—wait queue messages. Framing the issue—when a predictive dialer…

Federally-Backed Debt…

Really?: Court Enforces Unconstitutional Content-Specific Exemption After Two Appellate Courts Sever it from the Statute—Rejects Reyes

6 Sep 20199 Sep 2019

TCPAWorld is just getting messier and messier. Still, we all knew this was coming. As we’ve reported at length, the TCPA has been twice deemed a content-specific restriction on speech…

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Packed Schedule!: TCPA Czar to Crisscross the Nation in Coming Months Speaking from Coast to Coast

5 Sep 20196 Sep 2019

Well its getting to be the fourth quarter and you know what that means—the Czar’s speaking circuit kicks into high gear. Recognizing that even more speaking dates are likely to…

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Too Soon?: TCPA Defendant’s Hopes of Unwinding Negative ATDS Ruling Leveraging PDR Resources Goes Bust

5 Sep 20196 Sep 2019

Even casual TCPAWorld.com fans know that there is a massive split of authority surrounding the TCPA’s ATDS definition and that courts are now mostly falling into two camps—those that follow…

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TCPA Quick Hitter: Shelton Strikes Again—Court Refuses to Dismiss Suit Against Repeat TCPA Litigant

5 Sep 20195 Sep 2019

I love bragging about my big win in Stoops. There the Plaintiff bought 35 cell phones (it was actually more like 85) for the specific purpose of attracting wrong number…

Legislation…

TCPA Developments In Review: Unprecedented Podcast Breaks Down Congressional Developments with Former Hill Staffer Margaret Daum

4 Sep 20195 Sep 2019

Well we're back folks and you cannot miss this. Dusting off the fun and sun of summer, the TCPAWorld team is back in action. We breakdown all the big TCPA…

Officer/Director Liability…

Firewall: Corporate Formalities Continue to Insulate Corporate Entities from TCPA Liability—Just Not Corporate Officers

4 Sep 20194 Sep 2019

I am on record many times opining that the TCPA’s expansive rule permitting personal liability against officers and directors of companies that “participate in” sending unlawful texts or calls—even if…

Ringless Voicemail…

Fire the Cannons: Ringless Voicemail Providers (Finally) Begin to Fight Back Against TCPA Liability

4 Sep 20195 Sep 2019

I've always been a fan of Capt. John Paul Jones. The notion of responding to a crew's frantic requests to surrender with a baffled and indignant "I have not yet…

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TCPA Cases Against Real Estate Brokerages For Calls By Independent Agents Uncertifiable? So Holds the First District Court to Consider the Issue

3 Sep 20194 Sep 2019

I love a first-in-the-nation result following a holiday weekend. First—the trend. A large number of recent cases have sought to hold real estate brokerages liable for calls purportedly violating the…

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THE SAGA OF DR. MAUTHE: STRIKE THREE YOU ARE OUT

30 Aug 20193 Sep 2019

Avid readers of TCPAWorld will remember Dr. Mauthe. Having received unsolicited faxes asking him to update his professional contact information, he argued that the ultimate “profit motive” of the sender…

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Things Just Went Nuclear: Court Holds Five9’s Popular Cloud-Based Manual Dialing Solution May Still Have “Capacity” to Dial Randomly or Sequentially-and Its Just as Bad as it Sounds

30 Aug 20193 Sep 2019

You can't fight the system TCPAWorld. Buckle up, I’m about to ruin your weekend. I won’t bury the lead. A Virginia district court just held that a manually placed call—agent…

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We’re Back!: Unprecedented Podcast Team Records Latest Episode–With Special Guest Margaret Daum!

29 Aug 20194 Sep 2019

Well it was good to be back in the big podcast chair today. The crew got together to break down all the big TCPA developments over the last few weeks.…

Class Actions

Spokeo Has Teeth!: Eleventh Circuit Holds Receipt Of A Single Text Message Does Not Confer Article Three Standing

28 Aug 201929 Aug 2019

The Supreme Court’s landmark decision in Spokeo v. Robins, 136 S. Ct. 1540 (2016), seemingly held so much promise for TCPAWorld. After all, how could a single phone call or…

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[UPDATED] BREAKING TCPA NEWS: Eleventh Circuit COA Holds Receipt of Unwanted Text Message Does Not Per Se Convey Article III Standing in TCPA Suit

28 Aug 201928 Aug 2019

Update at 1:06 pm pacific: Plaintiff's lawyer Billy Howard remarked about the ruling to TCPAWorld.com today: "I imagine defense lawyers will spend millions trying to convince the judiciary, their clients and themselves…

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Wither Karhu?: Florida Court Applies Extremely Lenient Ascertainability Standard Inconsistent with Eleventh Circuit Precedent—Certifies TCPA Class Action

28 Aug 201929 Aug 2019

Take it from a guy who has litigated a few (or a hundred) TCPA class actions, if you are relying on ascertainably to defeat certification you are probably barking up…

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