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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”

24Nov 202024 Nov 2020

HAPPY THANKSGIVING TCPAWORLD!: Here Are the Top 10 TCPA Stories to be GRATEFUL For This Time of Year

I know that many of you have the sense that its all-bad-news-all-the-time around here and feel like there are simply…

Hunting in Packs: Diana Mey’s Latest TCPA Case Survives Summary Judgment Thanks to Some Help From Phil Charvat

This one might be the weirdest case yet. You know how these repeat TCPA litigators love to waste your time…

SERGEI LEMBERG ON UNPRECEDENTED NOW AVAILABLE!: Click Here for The HUGE TCPA Podcast Interview with Duguid Lead Counsel on ATDS Appeal

27 Oct 202029 Oct 2020

Well folks, here it is -- the BIG [VIDEO] podcast episode you've been waiting for. The 18th Edition of Squire Patton Boggs' incredibly popular Unprecedented podcast is AVAILABLE BELOW and boy does…

EXTRA EXTRA–READ ALL ABOUT IT: Data Breach Suit Allowed to Move ForwardUnder Health Insurance Portability and Accountability Act

I cannot urge you strongly enough to subscribe to consumerprivacyworld.com folks. The coverage and analysis over there is simply outstanding. Kristin Bryan is fast becoming the unquestioned Queen of the…

HUGE PENALTY FOR ILLEGAL SPOOFING: FCC Hits California Telemarketer with almost $10 Million Fine Over Spoofed Political Ad in California Primary

21 Nov 202024 Nov 2020

The election is over. The fallout from the last one isn’t. The FCC recently issued a nearly $10,000,000 fine against San Diego telemarketer Kenneth Moser, dba Marketing Support Systems. In…

TCPA Plaintiff Penalized: Failure to Allege Correct Phone Numbers in Complaint Leads to Potentially Massive Sanctions Against Pro Per Plaintiff

19 Nov 202023 Nov 2020

Well here is one you don’t see every day. A Plaintiff fin Michigan is facing sanctions that may total the entire cost of defense in a TCPA suit. The reason?…

Cut and Dry: Government Tells it Plain in Advocating for Narrow ATDS Definition in SCOTUS TCPA Suit

18 Nov 202021 Nov 2020

Well it was a long day TCPAWorld but I promised you a breakdown of the Government's big brief in the Facebook SCOTUS ATDS review today, and I am a Czar…

An Incredible HONOR: TCPAWorld’s Own Ben Beaton Confirmed By US Senate as Federal District Court Judge for the Western District of Kentucky

18 Nov 202019 Nov 2020

You know Ben Beaton as Co-Chair of Squire's mighty Appellate and Supreme Court Team and a critical TCPAWorld.com contributor who helps us break down the biggest TCPA appellate news. Well,…

Returning Fire: Facebook Files its Reply Brief in SCOTUS Battle and it is Simply Devastating

18 Nov 202018 Nov 2020

We've been covering the huge ATDS battle at the Supreme Court through the seesaw swings in momentum. First we saw a number of new decisions adopting the Marks rationale at the worst…

Big TCPA News: Biden Announces FCC Transition Team that Includes Former Commissioner Clyburn

16 Nov 202018 Nov 2020

As reported in our big webinar last week, the members of the Biden-Harris transition team may tell us a lot about what the future of the TCPAWorld might look like—especially…

ARRAY OF COMMENTS ON FCC’S TCPA EXEMPTION EXAMINATION PROPOSALS

As TCPAWorld previously reported, the Federal Communications Commission (FCC) is considering a notice of proposed rulemaking (NPRM) to implement Section 8 of the TRACED Act (https://tcpaworld.com/2020/10/05/fcc-to-review-tcpa-regulatory-exemptions-per-traced-act/0. Section 8 directed the…

TCPA Quick Hitter: Court Holds Receipt of Two Unwanted Texts Sufficient to Cause Article III Harm

13 Nov 202018 Nov 2020

Ever since the Eleventh Circuit’s landmark decision in Salcedo v. Hanna—holding that receipt of a single text message does not cause Article III concrete harm— the courts have been struggling…

More GREAT Post-Election Regulatory Coverage: Webinar Now Available Plus CUTTING EDGE Privacy Assessment

12 Nov 202016 Nov 2020

Well folks the developments are coming in hot and heavy. We know Biden looks to be tapping Leandra English to lead Biden's transition review team for the CFPB. As the…

Middle Ground: Court Stays Class Discovery But Allows Individual Merits Discovery Pending Facebook Appeal

11 Nov 202013 Nov 2020

Quick one for you this morning. As TCPAWorld.com readers know, the vast majority of courts considering stay motions pending Duguid are now granting those stays. Nonetheless a handful refuse to…

Treacherous Waters: TCPA Defense Lawyer Sued for Malpractice After Shelton Shuts Down Business With TCPA Judgment

10 Nov 202013 Nov 2020

I've said it before and I'll say it again, TCPA class action defense is not for faint of heart, or the green of horn. The TCPA is an extremely complex area…

Bank Stuck in Debt Collection Robocall Suit: Allegations Bank Called Consumer up to 8 times Per Day Sufficient to Constitute Invasion of Privacy

9 Nov 202011 Nov 2020

In TCPAWorld there’s a fine line between that which constitutes ordinary collector hen pecking—which is perfectly legal and part of the whole “you owe me money” experience—and outright illegal harassment.…

THIS CHANGES EVERYTHING: Biden/Harris Win– Impact on TCPA World Will be Profound

7 Nov 202010 Nov 2020

Well folks, its over. We can all breathe again. Whether you are sighing in relief, sighing in remorse-- or just sighing because everyone gets so worked up about this stuff--…

Thin Walls: Court Credits Testimony of Eavesdropping Supervisor —Denies TCPA Judgment to Helicopter Mom

5 Nov 202010 Nov 2020

Another weird one today. The case of the overprotective mother vs. a company with paper-thin walls and no call recording capabilities. In Vargas v. Vehicle Solutions Corp., Case No: 8:19-cv-1109-T-60AAS,…

Election 2020 Alert: TCPA World Hangs in the Balance—Here is Everything YOU Need to Know About How the (Uncertain) Outcome of the Election Impacts Your Outreach Efforts Moving into 2021

4 Nov 20209 Nov 2020

Well the results are in, the tabulations are complete and its official-- this is TCPAWorld.com's most read article ever. (Thanks hackers.) While I know that's the news you were really waiting for,…

Power Lawyers: Squire’s Consumer Privacy Team Continues to Churn Out Must Read Content

You all know and love Squire Patton Boggs' incredible TCPA team and its vaunted FCC resources, but the Consumer Privacy World team is really generating a ton of attention right…

Makes Sense: Court Orders Over a Million Text Messages to be Sent to Class Members… in a Lawsuit Alleging Receipt of Illegal Text Messages from a Burger Chain

4 Nov 20205 Nov 2020

In what I believe to be a first-in-the-nation order in a case of this type, the Court in Yates v. Checkers Drive-In Restaurants, Inc., Case No. 17 C 9219, 2020…

UPDATED WITH HACKER STUFF: Mind-Melting Decision Proves a Dialer Can Never Be Too Old to be An ATDS

3 Nov 20204 Nov 2020

Editor's Note: Welcome Hackers! Not sure how Hacker News found this article but I see a ton of folks headed in from that website, which I presume is some sort…

TRACED ACT WORKING GROUP FILES REPORT ON TCPA ENFORCEMENT EFFORTS

1 Nov 20201 Nov 2020

As TCPAWorld approaches the first anniversary of the TRACED Act (December 30 will be one year) (https://www.congress.gov/116/plaws/publ105/PLAW-116publ105.pdf), the interagency working group (Working Group) set up pursuant to Section 5 of…

Undue Burden! Another Court Denies Motion to Compel Burdensome Production

As we've covered , discovery in TCPA cases requires a careful, thoughtful approach. That is true for Plaintiffs too, as counsel for Ronald Chinitz recently learned. See Chinitz v. Realogy…

Each Debt Collection Text Must Now Include an Opt Out Notice: And Other Key TCPA Lessons from the CFPB’s MASSIVE New Ruling

30 Oct 20203 Nov 2020

Well folks, on top of all the fun FCC, FTC, Congressional and case law updates--don't miss TCPAWorld's Top 10 scariest TCPA stories going for the highlights- the CFPB just dropped…

Happy Halloween TCPAWorld: Here Are the TOP 10 SCARIEST TCPA Stories to Freak You Out this Halloween

29 Oct 20203 Nov 2020

Sometimes I feel like everyday is Halloween here on TCPAWorld.com. We're constantly publishing stories that are--at best-- cautionary tales and--at worst--true horror stories. I've picked through the apple barrel and…

ANOTHER ONE!: N.D. Ohio Follows Creasy– Rules TCPA Unconstitutional as Applied to Calls Pre-July, 2020

29 Oct 202029 Oct 2020

Well folks, we told you Creasy had legs-- and now you'd better believe it. You'll recall the recent--and wonderful--decision in Creasy in which the Court found that the TCPA was unconstitutional as applied…

No Double Recovery by Class Members: Revocation Class Stricken as Duplicative of No Consent Class

29 Oct 202029 Oct 2020

As abusive as the TCPA’s statutory damages of $500-$1,500.00 per call, some courts struggle with whether that recovery should be even higher. It is not uncommon for Plaintiffs to look…

Sanctions for Spoliation in Nevada

If you are not careful to preserve and obtain responsive documents, TCPA litigation can quickly devolve into a (losing) discovery battle. In Perrong v. Sperian Energy Corp., the Defendant, ECG,…

TCPA Quick Hitter: Court Holds Counterclaim Seeking to Recover Debt in TCPA Suit May Proceed

28 Oct 202029 Oct 2020

Among the seemingly hundreds of controversies brewing in TCPAWorld is whether a consumer can face a counterclaim for collection of a debt in a TCPA suit brought against a loan…

Above The Button Disclosure Not Enough: Court Denies Arbitration in TCPA Suit Citing Small Disclosure Font, Busy Website Page

28 Oct 202029 Oct 2020

Well folks the trend of courts pushing back against enforcing online disclosure agreements continues. This latest case might be the furthest stretch yet in terms of a court deeming clickwrap…

TCPA Bites Political Speech Again: Trump Campaign Sued for Alleged Illegal Robotexts

28 Oct 202028 Oct 2020

As we've been covering, the TCPA is a major threat to political campaigns looking to deliver last minute messages. And though we've been covering this story--and pumping out content and…

Grin and Barrett– Judge that Wrote Ruling Narrowly Interpreting TCPA’s ATDS Definition Sworn In to SCOTUS Ahead of Big Facebook TCPA Challenge

26 Oct 202027 Oct 2020

Well, its official Former Judge Amy Coney Barrett-- previously of the Seventh Circuit Court of Appeals-- is now Justice Amy Coney Barrett of the US Supreme Court. Whatever you may think of…

“Congress Delivered”: State AGs Heap Praise On TCPA In Amicus Brief to Supreme Court in Facebook ATDS Fight

26 Oct 202027 Oct 2020

Its not very often you read the phrase "North Carolina, Indiana and 35 other states." In most contexts, highfalutin coastal states like California, New York and Massachusetts would object to…

You Can’t Write a Book About the TCPA and Not Become Famous on TCPAWorld.com–Author Accepts Podcast Interview, Sort of

25 Oct 202027 Oct 2020

So I'm loving this story. You'll recall this guy named Dennis Brown--who I'd never heard of about 15 days ago-- wrote this really good book on the TCPA. I did…

BREAKING: DUGUID TCPA SCOTUS LEAD COUNSEL SERGEI LEMBERG JOINS UNPRECEDENTED PODCAST TO DISCUSS SCOTUS APPEAL

23 Oct 202026 Oct 2020

Ever talked to a lead counsel in a Supreme Court appeal 45 days ahead of oral argument and asked him pointed questions about his position? Well, buckle up--literally--because here's your…

At it Again: Repeat TCPA Player Andrew Perrong Files New TCPA Class Action—this Time Against a Political Polling Company

23 Oct 202025 Oct 2020

Everyone in TCPAWorld knows of Andrew Perrong, whether you like him or not probably depends on what side of the v. you’re sitting on. His latest work—a putative nationwide class…

TCPAWorld After Dark: Plaintiff Seeks En Banc Re-Hearing in Eleventh Circuit on Incentive Awards–Cites TCPAWorld.com

23 Oct 202025 Oct 2020

Well it worked for Facebook, so why not give it a shot? Just as Facebook cited to tcpaworld.com in an (ultimately successful) brief to the U.S. Supreme Court seeking review…

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