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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”

No Random Calls? No TCPA Claim Court Holds!– But Stay Cautious TCPAWorld

Since Facebook the biggest single issue determining the outcome of ATDS cases–especially at the pleadings stage–is whether a Court determines a caller…

“Irrelevant”: Court Chides Defendant for Arguing Lack of ATDS Usage in TCPA Prerecorded Call Case

Happy Monday TCPAWorld–quick one for you this am. The Plaintiff in Stewart v. Healthcare Revenue Recovery Group, Case No. 3:20-cv-00679,…

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.…

$10,000 PLUS DAILY PENALTIES?: Be Sure to Follow FCC Guidance to Avoid Big Fines Under Kari’s Law and Section 506 of RAY BAUM’S Act.

21 Jan 202224 Jan 2022

I've been receiving a number of questions about the roll out of Kari's Law and I figured I'd do a quick post on it, even though it is not technically…

WOW!!: Amended Florida Bill Would Apply RETROACTIVELY to Destroy Pending Mini TCPA Suits!

20 Jan 202221 Jan 2022

Wow. This is just huge news. I broke the news last week that the Florida legislature is considering a massive fix to the Mini-TCPA mess. Specifically the legislature is looking…

NINTH CIRCUIT REJECTS FN7!: Holds LiveVox HCI is not an ATDS in Unpublished Decision

20 Jan 202221 Jan 2022

Well here's huge news. In a short opinion out yesterday--that is, unfortunately, non-binding authority because it was not published-- the Ninth Circuit Court of Appeals has held that Facebook's FN7 was merely…

WEBSITE LAYOUT PASSES MUSTER: Court Enforces Cruise Line’s TCPA and Arbitration Disclosures Over Objection

20 Jan 202220 Jan 2022

Those of you who attended Lead Generation World heard me discuss the big trend from back in 2020 in which Courts were refusing to enforce online disclosures owing to perceived…

REPEAT TCPA PLAYER LOSES AGAIN: EFinancial Bests Johansen in Nice and Clean Ruling Enforcing Online Disclosure

19 Jan 202220 Jan 2022

After the firestorm caused by the train wreck Mantha ruling it is so refreshing to be able to discuss a GREAT case with clean, simple and correct analysis involving online TCPA…

THE CZAR SPEAKS: I’m About to Take the Stage at LGW—How Will it Go?

18 Jan 202220 Jan 2022

This is a really big event here at Lead Generation World. Lots of folks. Big stage. Looking forward to this presentation. What am I covering you ask? Well I plan…

REVERSED! Tenth Circuit Holds That There IS Jurisdiction in Colorado Over A Florida Company That Made Calls to a Vermont Phone Number.

Can calls by a Florida company to a Vermont phone number subject that Florida company to a nationwide class action in Colorado? Yes, according to the Tenth Circuit’s recent decision…

SelectQuote Beats TCPA Suit Based on Acquisition: Online Insurance Shopper Not Liable For Calls Made Before it Owned Lead Source

17 Jan 202219 Jan 2022

Hanging out here at Lead Generation World watching a great panel while scanning the recent TCPA rulings I picked up this case involving SelectQuote and it was quite apropos. There…

Texts as Prerecorded Calls?: Grassdoor Faces TCPA Suit Alleging Texts Always Subject to Federal Law

17 Jan 202218 Jan 2022

Its conference day! Headed down to San Diego right now, but before I leave wanted to cover this quick (potentially big) story. So a while back I covered a new…

VALID “EMERGENCY PURPOSES” GIVE WAY WHEN RECIPIENT INSTRUCTS “STOP”

Does a valid application of the “emergency purposes” exception to the consent requirements of the Telephone Consumer Protection Act (TCPA) trump a consumer’s instruction to cease sending messages pursuant to…

The Democratic National Committee Owes Ursula $60,000.00 for Robotexts; The Republican National Committee is Out of Trouble (For Now)–So Goes The Political Robocall Wars

13 Jan 202217 Jan 2022

TCPAWorld is full of so many interesting stories. As followers know, the TCPA is a fantastic tool for waging political battles. Just last week Congresswoman Jackie Speier was sued in…

Is This the FLORIDA FIX We Were Waiting For?!: New Bill Would Mostly Defang Florida’s Mini TCPA–Will It Pass?

13 Jan 202217 Jan 2022

So potentially ENORMOUS news out of Florida today. As you all know the Czar has been working with some folks to try to get a fix to the RIDICULOUSLY worded…

BIG NEWS: PACE and Consumer Consent Council Merge!

12 Jan 202213 Jan 2022

You know how you used to have those two great friends that were always flirting with each other but would never quite admit they were interested in each other until…

TOO CLEVER BY HALF: Offer to Purchase an Asset May Also be a “Service” For Purposes of TCPA DNC Provisions

11 Jan 202213 Jan 2022

One of the hardest lines to draw in TCPAWorld is the line between marketing and informational calling. At the extreme ends of the spectrum the difference is rather obvious, but…

MORE OF THE SAME: Another Court Holds Click and Pause Allegations Sufficient to Plead ATDS Usage Post Facebook

11 Jan 202212 Jan 2022

New year. Same bad case law. Those of you who have attended my shows have heard me explain that the majority rule right now is that mere click and pause allegations--i.e. allegations…

HELPFUL CHANGE: FCC issues Guidance Clarifying “No Data” Reports from Reassigned Number Database

10 Jan 202211 Jan 2022

So the Reassigned Number Database (RND) has been active for a few months now and adoption has been…. a bit slow to take off. One significant factor in callers declining…

SECOND CIRCUIT HOLDS FAX SURVEYS OFFERING $ FOR PARTICIPATING ARE NOT UNSOLICITED ADVERTISEMENTS UNDER THE TCPA

TCPAWorld has seen this question before. Does an unsolicited faxed invitation to participate in a market research survey in exchange for money constitute an “unsolicited advertisement” under the Telephone Consumer…

GOVERNMENT SPEECH?: Democratic Congresswoman Jackie Speier Personally Sued in Robocall Class Action for Townhall Announcement

7 Jan 202210 Jan 2022

Well 2022 is brand new and there are already some really interesting robocall class actions out there. In a new filing yesterday in federal Court in Northern California, consumer Clyde…

IS THIS THE MOST DANGEROUS TCPA RULING EVER?: Court Decision Would Invalidate 99.9% of Online TCPA Consent Disclosures–Will it Stand?

7 Jan 202211 Jan 2022

So, I'm back. Hi folks. Thanks for the applause. So let me start with the big TCPA news I have been teasing. And I'm sorry for this. A court just…

“ELITE”: Squire’s Privacy Litigation Team One of the World’s Best (and the Second Busiest in the Country) According to Global Data Review

6 Jan 20227 Jan 2022

I know I'm not officially back until tomorrow but this news is just too big to sit on. Squire's privacy litigators--I guess I'm included in that list--are really crushing it.…

COMING OUT SWINGING: Perrong, Abante Rootrer, Callier Already On File With New TCPA Suits for the New Year

4 Jan 20227 Jan 2022

Happy New Year TCPAWorld! Well officially I am still napping--the Return of the Czar is set for January 7, 2022--but I noticed a couple of interesting filings today and thought…

FCC BUREAUS ISSUE TRACED ACT MANDATED ROBOCALL/CALLER ID REPORT

As required by provisions of the TRACED ACT (Sections 3, 11 and 13), the Enforcement, Consumer and Governmental Affairs and Wireless Telecommunications Bureaus of the Federal Communications Commission (FCC), on…

Another Court Finds No ATDS If Dialing from a Curated List

Last week, yet another California federal court found that following the Supreme Court’s decision in Facebook, Inc. v. Duguid, 141 S. Ct. 1163 (2021), equipment that dials from a curated…

THE OTHER SHOE DROPS: Court Refuses to Dismiss TCPA ATDS Claim Because Dialing Sequence Determined by RoSNG

21 Dec 20216 Jan 2022

I know I'm supposed to be napping, but I was just sneaking out when this huge (bad) decision crossed my desk. (You know it always happens...I leave, big TCPA news.)…

ITS SOLSTICE TIME!: Enjoy Your Long Winter’s Nap Looking Forward to Next Year’s Big Events

20 Dec 20214 Jan 2022

Well folks, the day is finally upon us. Every year the Czar is a hard charging tough-as-nails litigator for ~50 weeks out of the year, but those last 14 days…

GETTING CLOSER: Judge Holding FN7 Dicta Issues Another Great ATDS Ruling–FIFO May Be Acceptable Dialing Sequence

20 Dec 202121 Dec 2021

I think it is safe to say that Chief Magistrate Judge Spero of the N.D. Cal is a great draw for defendants in TCPA ATDS cases. he was the judge…

FCC PARTIALLY GRANTS USTELECOM RECON PETITION ON CALL BLOCKING ISSUES

A year ago, the Federal Communications Commission (FCC) approved its Fourth Report Order in Docket 17-59, Advanced Methods to Target and Eliminate Unlawful Robocalls (FCC-20-187A1.pdf). Therein, the FCC adopted certain…

ANOTHER ONE FOR THE DISCOVERY BOOKS: Court Limits Scope of 30(b)(6) Deposition in Class Action to Plaintiff’s Claims

A bit of deposition drama in the Northern District of California recently. In Kinzer v. Lifeaid Bev. Co., No. 21-cv-05589-EJD (VKD), 2021 U.S. Dist. LEXIS 237052 (N.D. Cal. Dec. 9,…

FN7 IS DICTA!: New TCPA MSJ Ruling May by the Best ATDS Case Yet

16 Dec 202120 Dec 2021

Lots of important cases out today. In a HUGE MSJ in here in California, a Court has outright rejected a Plaintiff's footnote 7 argument--concluding the Supreme Court's famous dangling thread…

GRINCH MODE: Company’s General Manager Personally Named in TCPA Class Action Just in Time for the Holidays

16 Dec 202120 Dec 2021

I hate to dwell on the negative--especially this time of year-but here's a quick story that's more egg than nog. I've been bemoaning the terrible rule permitting personal liability in TCPA…

“Not Superior”: Court Finds TCPA Class Action Lacks Predominance–And that Meritorious Claims Belong in Small Claims Court

16 Dec 202116 Dec 2021

As most readers of TCPA.World already know, the TCPA was not originally crafted to permit a private right of action in federal court. Rather the statute was created as an…

Class Actions…

What? No Sampling!?

Oof. Another defendant hit with an order compelling it to produce a HUGE amount of data. Such is the sad state of affairs as delineated in Bustillos v. W. Covina…

PROFESSIONAL TCPA PLAINTIFFS HAVE STANDING: Another Court Holds that Large Volume of TCPA Suits Not a Bar to Further Litigation

14 Dec 202116 Dec 2021

I'm not going to be belabor the point--I have done so plenty of times previously--but TCPA defendants simply cannot extract themselves from litigation at the pleadings stage by pointing out…

THE FTSA CLAIMS ARE STILL POURING IN: Florida Mini TCPA Continues to Generate Huge Volume of Litigation

13 Dec 202116 Dec 2021

So we chatted about this a ton at the Summit but the Florida Telephone Solicitation Act (FTSA or Mini TCPA) continues to generate huge volumes of litigation. Here are a…

TCPA QUICK HITTER: Prerecorded Call Claims Remain Dangerous After Facebook

13 Dec 202114 Dec 2021

I feel like I say this once a week at least, so let's just get it out of the way early on a Monday. The use of a prerecorded voice…

WHAT TO WATCH OUT FOR: Here are the 3 Ways to Trigger ATDS Scrutiny Post Facebook

10 Dec 202113 Dec 2021

Editor's Note: NOT legal advice. Always seek counsel before attempting any new outreach method and to assess current dialer usage in light of TCPA. So I get asked all the…

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