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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”

Crystal Ball Time: New Mexico District Court Reviews Supreme Court Transcript and Expressly Predicts the Outcome of SCOTUS TCPA Review

Ever since the Squire Patton Boggs TCPA defense team earned the first stay in the nation, there have been innumerable…

YES! FCC Commissioner O’Rielly joins TCPAWorld Czar for Rare Podcast Interview on Unprecedented–WATCH IT NOW!

5 Jun 20209 Jun 2020

FCC Commissioner Michael O’Rielly joined me this week through the magic of Squire Patton Boggs’ POWERVision to discuss the TCPA, pending FCC petitions, the big SCOTUS review and so much…

REASSIGNED NUMBER DATABASE IS ALMOST HERE! : FCC SETS DEADLINE FOR CARRIER TRACKING OF DISCONNECTED NUMBERS

2 Jul 20203 Jul 2020

The Federal Communications Commission (FCC) has taken the next step in the implementation of the reassigned numbers database that it approved in December of 2018. The database “allow callers to determine…

SCOTUS TCPA UPDATE: Supreme Court Sets Next Opinion Date for Monday (7/6)–Will Barr v. AAPC Be Decided Then?

1 Jul 20203 Jul 2020

The TCPAWorld continues on pins and needles awaiting the Supreme Court's ultimate determination on the fate of the TCPA. The big appeal in Barr v. AAPC will determine whether the TCPA is…

THE WAITING IS THE HARDEST PART: NO SCOTUS TCPA RULING TODAY (6/30)– MOVING BIG WEBINAR TO NEXT WEEK

30 Jun 20202 Jul 2020

Well I lost the pool. Ha! We were on high alert today anticipating the big SCOTUS TCPA ruling but it did not come. Notably, the Supreme Court has now ruled…

JUST FOR FUN- WHEN WILL SCOTUS RULE ON TCPA?: With Only a Handful of Opinion Days Left–What Date is YOUR Pick?

29 Jun 202029 Jun 2020

So I rarely do this, but its 5:45 pm on the East coast so let's have a little fun and open up the comments for some wild speculation. Here's what…

No Jurisdiction or Claims Against Company and Corporate Officer for Alleged TCPA Violations

A ruling in Barr is expected any day now. Meanwhile, defendants continue to notch meaningful wins against poorly plead TCPA claims. Last week in Kline v. Advanced Insurance Underwriters, LLP, the…

TRACED ACT INCREASED PENALTY AND STATUTE OF LIMITATIONS TO TAKE EFFECT JULY 27

29 Jun 202029 Jun 2020

Per the Federal Register of June 26, 2020, the Federal Communications Commission (FCC) rules implementing Section 3 of the Pallone-Thune TRACED Act will take effect on July 27, 2020 (https://www.govinfo.gov/content/pkg/FR-2020-06-26/pdf/2020-11252.pdf).…

Will Your Calls Connect?: FCC Considers Important Ruling Allowing Callers to Complain About Blocked Calls—But Grants Additional Safeharbors to Carriers

29 Jun 202030 Jun 2020

Ok, this kind of feels like small potatoes with the big SCOTUS CFPB ruling today and with a ruling in Barr a day away (I'm not even moving my webinar folks--that's how…

BREAKING TCPA NEWS: CFPB Is Unconstitutional–But Severance Saves the Day! Here’s Why that Won’t Happen with TCPA

29 Jun 202030 Jun 2020

So no TCPA ruling today from SCOTUS, but check this out: In 2017, the CFPB issued a civil investigative demand to Seila Law LLC, a California-based law firm that provides…

TCPA Quick Hitter: Two U.S. Senators Ask FCC and DOJ for More Action on COVID-Related Scam Calls

29 Jun 202029 Jun 2020

As we've been covering for a while now the FCC and FTC are cracking down on COVID related scam calls.These actions follow on the heels of recent DOJ action against…

Its High Time: Will Somebody Please Tell the Cannabis Industry about the TCPA Already?

26 Jun 202029 Jun 2020

Its official-- the legal marijuana crowd has a TCPA problem. One of the perks of reviewing every TCPA case across the country on a daily basis is that it enables…

FCC SAYS “NO” TO ANTHEM EX POST FACTO OPT OUT PETITION

The Federal Communications Commission (FCC), acting through its Consumer and Governmental Affairs Bureau (Bureau) has rejected a request to exempt certain health care related calls from the prior express consent…

Two TCPA Clients, Zero Problems: Representing Both an Employee and the Business Making a Call Is Not an Ethical Conflict

26 Jun 202029 Jun 2020

Lots of action today. Hopefully you’re all taking note of the FCC’s big rulings. In other news, a Court in Texas held this week that a single lawyer can represent…

HUGE TCPA NEWS: FCC Holds System That Text Platforms Requiring Manual Number Entry Are Not ATDS Under TCPA

26 Jun 202029 Jun 2020

A couple of big rulings from the FCC yesterday. The first pertains to text messages with the FCC granting P2P Alliance's petition concerning automated text message platforms. The FCC holds…

No SCOTUS TCPA Ruling Today– But I Sure Enjoy Getting Up Early to Read the New Opinions

No Supreme Court ruling today folks. We'll continue to keep an eye out for you. Still about five cases likely to be decided ahead of Barr but Monday (29th) would be…

What’s Up With That? District Court Refuses to Stay TCPA Case Despite SCOTUS Ruling Being Just Days Away

24 Jun 202026 Jun 2020

We are literally days (hours?) away from a huge SCOTUS ruling on the TCPA and some district courts are yet refusing to await the big decision. Interestingly--and despite the Czar…

In Case You Missed It: Sixth Circuit Court of Appeals Set to Decide ATDS Issue in Another Big TCPA Appeal

24 Jun 202026 Jun 2020

For those of you keeping track at home—that’s all of you—here’s a current rundown of TCPA ATDS decisions at the Circuit Court level for you. (As always, the trusted TCPAWorld…

Court Grants Final Approval to $4MM TCPA Text Message Settlement, $157 to each Class Member’s Filed Claim

Plaintiff filed an unopposed motion for final approval for the class action settlement in Larson v. Harman-Management Corp., , No. 1:16-cv-00219-DAD-SKO, 2020 U.S. Dist. LEXIS 107938 (E.D. Cal. June 18,…

TCPA Quick Hitter: Ringless Voicemail User Denied Early Appellate Bid in Eleventh Circuit

22 Jun 202024 Jun 2020

As we repeated not long ago, the Court in Gurzi v. Penn Credit, Corp., Case No: 6:19-cv-823-Orl-31EJK, 2020 U.S. Dist. LEXIS 107402 (M.D. Fl. June 18, 2020) rejected a defendant’s…

No SCOTUS TCPA Ruling Yet– But Here’s What the Supreme Court Might Do With the TCPA, When and Why (With Percentage Chances for Each Outcome)

22 Jun 202024 Jun 2020

Well folks another opinion day has come and gone at the US Supreme Court with no ruling yet on the big Barr v. AAPC challenge to the TCPA. Traditionally the…

NINTH CIRCUIT SAYS NO TO MARKS REVISIT EN BANC

The United States Court of Appeals for the Ninth Circuit has declined a chance to revisit its 2018 decision in Marks v. Crunch San Diego, LLC that an automatic telephone…

Federally-Backed Debt…

Just Under the Wire: Court Enforces Government-Backed Debt Exemption to TCPA Despite Imminent SCOTUS Decision

18 Jun 202022 Jun 2020

What happens when you default on a government-backed student loan and allege that both the servicer and guarantor are hounding you for payment in violation of the TCPA? Well, the…

Suing Spouse For TCPA Indemnity Falls Flat

18 Jun 202018 Jun 2020

Testing the limits of TCPA indemnity, a defendant recently attempted to make an indemnity claim against the plaintiff's husband for the defendant's alleged TCPA violations. The Court used the opportunity…

TCPA Quick Hitter: Shelton Beats Hapless TCPA Defendant One More Time– Overcomes Challenge to Judgment Based on TCPA Recordings

18 Jun 202022 Jun 2020

I don't like promoting successes by the "bad guys" so I'll make this quick. TCPAWorld will recall the plight of defense lawyer Joshua Thomas who recently faced sanctions after his…

DACA is BACK (For Now): Supreme Court Reverses Trump Administration’s Refusal to Honor Deferred Action for Undocumented Immigrants that Entered as Children

18 Jun 202018 Jun 2020

Well, since I'm sitting here hitting refresh on the SCOTUS page I figured I'd report that the Supreme Court just reversed the Trump administration's reversal of Obama's deferred action program…

What is a “System” for ATDS Purposes?: Important New TCPA Decision Takes a Decidedly Narrow Read on a Tricky Issue of (Almost) First Impression

17 Jun 202018 Jun 2020

TCPAWorld is so full of issues to debate and will remain so for at least a few more hours —ha. (SCOTUS is set to release new opinions tomorrow morning at…

SANDERS CAMPAIGN NOW ALSO A TCPA TARGET

It was just last week that TCPAWorld reported on the abortive effort of the President Trump’s re-election to escape potential Telephone Consumer Protection Act (TCPA) liability for texting cellphones without…

Court Grants Motion to Dismiss TCPA Serial Plaintiff’s Complaint

Happy Friday afternoon, TCPAWorld. Well, you may be glad to know that a TCPA serial plaintiff, Craig Cunningham’s complaint (Yes, that infamous pro se plaintiff, Craig Cunningham) just got dismissed…

WEBINAR ON BIG TCPA SCOTUS RULING ANNOUNCED: This is the One You Really CANNOT Miss–JUNE 30, 2020

12 Jun 202025 Jun 2020

Well folks the big ruling in AAPC v. Barr is likely only days or weeks away. We've given you our breakdown and analysis and prognosticated up a storm. The table is certainly…

Simply Alleging Agency Relationship Doesn’t Make It So: Court Dismisses Defendants for Lack of Personal Jurisdiction

In Shanahan v. Nat’l Auto Prot. Corp., 2020 U.S. Dist. LEXIS 101031 (N.D. Ill. June 9, 2020), the court dismissed three defendants for lack of personal jurisdiction, rejecting plaintiff’s conclusory…

Big Win for Lohman: Court Grants Judgment for TCPA Lawyer in Suit by Aggrieved Consumer– But RICO Problems Still Remain

11 Jun 202012 Jun 2020

As we've been reporting, the Law Offices of Jeffrey Lohman has faced some significant setbacks in litigation with Navient purporting that Lohman's office set up TCPA lawsuits in violation of…

Too Much Money!: Court Holds Excess Class Settlement Funds to go to the Government

Well here’s something you don’t see every day. A TCPA settlement that resulted in so much money for the class that the Court ordered some of it to be given…

FCC PROPOSES $225M FINE FOR SPOOFED ROBOCALLS AND STATE AGS FOLLOW SUIT

Continuing its campaign against illegal robocalls, particularly the spoofed variety, the Federal Communications Commission (FCC) on June 9, 2020, proposed a $225 million fine – the “largest in the FCC’s…

AWESOME!!: Squire Patton Boggs Launches ConsumerPrivacyWorld.com– Like TCPAWorld, but for the Entirety of Consumer Privacy Law

10 Jun 202011 Jun 2020

Well we've done it again. Squire Patton Boggs is already synonymous with two words--POWER and PRIVACY. And you're about to see why like never before. Introducing CONSUMERPRIVACYWORLD.COM. The new website…

AVOIDABLE DISASTER?: Trump Campaign’s Strange Decision to Challenge ATDS Allegations at Pleadings Stage Leads to Marks Being Adopted in D. Minn for the First Time

9 Jun 202011 Jun 2020

Well folks, we can likely count district courts within the Eighth Circuit Court of Appeals within the Marks camp for the foreseeable future now that the Trump Campaign unsuccessfully tried to…

TRUMP CAMPAIGN FAILS TO ESCAPE TCPA’S CLUTCHES

9 Jun 202010 Jun 2020

Last fall TCPAWorld reported that President Trump’s campaign had been hauled into court for alleged Telephone Consumer Protection Act violations. Specifically, three Minnesota citizens brought a TCPA class action in…

TCPA Personal Liability Rule Narrowed?: Seventh Circuit Holds Mere Knowledge of Illegal Conduct is not Enough to Hold an Officer Personally Liable for TCPA Violation

8 Jun 20209 Jun 2020

I have said over and over again that the ruleallowing personal liability against officers and employees for TCPA violations committed by the companies they work for is one of the…

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