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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”

21Nov 201921 Nov 2019

UPDATED: Going on the Offensive: Ringless Voicemail TCPA Defendant Seeks Major Ruling DirectDrop Is Not Covered by the TCPA

Now we’re talking. As I reported a few weeks back, ringless voicemail juggernaut VoApps “fired the cannons” in opposing a…

Up All Night: Will the TCPA Czar Be Ready for the Big CCPA Cross-Over Webinar Wednesday AM?

19 Nov 201921 Nov 2019

So I didn't realize this was going to be such a big deal. Apparently many hundreds of people have already signed up to attend my huge (and getting huger by…

Class Actions…

This is HUGE! Eleventh Circuit Holds That Court Abuses Its Discretion Certifying a TCPA Case Containing Uninjured Class Members

18 Nov 201919 Nov 2019

For those of you that hate hearing me talk about being right all the time, probably stop reading this one now. One of the messiest splits of authority in the…

FEDERAL ROBOCALL LEGISLATION: “AGREEMENT IN PRINCIPLE”

Fresh on the heels of the latest TCPAWorld report, leaders of Congressional efforts to craft compromise robocall legislation announced late Friday an “agreement in principle” on the Pallone-Thune TRACED Act.…

Class Members Thought They Would Get $900, but End Up With $22 After the Court’s Final Approval of the $12,500,000 Settlement in Charvat v. Valente

15 Nov 201918 Nov 2019

Imagine expecting to receive a $900.00 TCPA settlement payday only to walk away with a check for 22 bucks! That’s what happened in Charvat v. Valente, No. 12-cv-05746, 2019 U.S.…

Capital One Asks the FCC To Make It Easier For You to Communicate With its Very Polite Texting Robot: Here’s Why That’s a Good Thing

15 Nov 201919 Nov 2019

Here’s a case of an old law interfering with new and advanced technology. Imagine you’re a major bank employing a super intelligent texting robot that can answer literally every question…

Refresher on TCPA Liability for Calls to Cell Phones: 1) The DNCR Provision Only Prohibits Calls to Residential Lines, But; 2) Using an ATDS without Prior Consent is Prohibited to Cell Phones Even for Business Purposes

14 Nov 201914 Nov 2019

It remains a source of common confusion here in TCPAWorld. But not understanding the TCPA rules surrounding business to business calls can land you in a world of hurt. Let’s…

FEDERAL ROBOCALL LEGISLATION UPDATE

Not much has been heard about the status of efforts to resolve differences between the US-Senate–passed TRACED Act, S. 151, and the House-of-Representatives-approved Stopping Bad Robocalls Act, H.R. 3375. Both…

TCPA Quick Hitter: No You Can’t Attach a Consent Disclosure to an Answer and then Move For Judgment on the Pleadings

14 Nov 201915 Nov 2019

It can be frustrating to be a TCPA defendant. Many times there is clear evidence of consent—or the absence of any calls—but the Plaintiff persists in pursuing a case. Sure…

“Eid Mubarak” Text Message Leads to Federal TCPA Class Action—But Case Kicked Out of Arizona Due to Probable Forum Shopping

13 Nov 201914 Nov 2019

Well here’s a fun one. How did I overlook it for a month? A non-profit organization in Michigan got itself into hot water for texting “Eid Mubarak” to local residents—including…

Speaking Tour Update: Czar Talks TCPA Three Times in One Week– Biggest Events Still Yet To Come!

12 Nov 201913 Nov 2019

As I reported a while back, the TCPA Czar's Fourth Quarter speaking blitz is now in high gear. Last week he covered three different venues bringing critical TCPA know-how to…

Questions of Fact Abound: WDNY Magistrate Recommends Denying Pre-Discovery Motion for Summary Judgment on TCPA Claims

12 Nov 201913 Nov 2019

Aggressive, pre-answer motion practice is often warranted in TCPA cases, particularly in class actions. But as a defendant found out in the Western District of New York, it is critical…

BACK ON TOP: Sergei Lemberg Joins the Unprecedented Podcast to Discuss TCPA AFter Regaining His Status as TCPAWorld’s Top Filer

8 Nov 201912 Nov 2019

For years Sergei Lemberg's name was synonymous with huge volume TCPA filing. He was the filing leader month after month from 2014-2017. Well after a break for a little over…

Officer/Director Liability…

Good Deed Punished!: CEO Can Be Personally Liable for TCPA Violations Because he Tried To Help Company Comply with the TCPA

8 Nov 201912 Nov 2019

The most unfair rule in legal jurisprudence somehow just got even worse. Unlike virtually every other area of law, actions taken by individuals in their corporate capacity can lead to…

ATDS/Predictive Dialer Cases…

TCPA Quick-Hitter: Court Finds “Artificial or Prerecorded Voice” Is Not a Legal Conclusion (But “Predictive Dialer” and “ATDS” Are!)

In TCPA World, I quickly learned that discovery is an art to the most experienced and skilled litigators. Overbroad requests and objections that lack specificity and detail won’t cut it…

Platform Providers…

TCPA RISKS TO PLATFORM PROVIDERS INCREASE AS SIXTH CIRCUIT REVERSES ITSELF ON REVIEW OF DIRECT LIABILITY

6 Nov 20198 Nov 2019

The risk to platform providers has steadily increased over the last year, and with a stunning grant of a re-hearing by the Sixth Circuit Court of Appeal on a key…

TCPA Quick Hitter: Subpoenaed Cell Phone Records Cost Plaintiff $3k—Better than $56k Though

5 Nov 20198 Nov 2019

A common ascertainability approach taken by class counsel in TCPA class actions is to subpoena wireless carriers for the subscriber information for phone numbers associated with a Defendant’s outbound call…

No Telemarketing: Advertising a Free Service Isn’t Advertising At All Under the TCPA

5 Nov 20198 Nov 2019

One of the hottest areas for debate in a TCPAWorld filled with hot areas of debate is the line between telemarketing and informational calling. It has long been recognized that…

SALCEDO REHEARING: NO DICE

2 Nov 20195 Nov 2019

TCPAWorld reported on the decision of the United States Court of Appeals for the Eleventh Circuit in Salcedo v. Hanna, wherein the Court found that a single unwanted text message…

Talk About Scary: Manual Calls Might be Dialer Calls, Landlines Might be Cell Phones and More TCPA Facts and Stats to Freak You Out

31 Oct 20192 Nov 2019

Who doesn't love a good scary story for Halloween? As has long been my tradition, I pause each day on All Hallow's Eve to reflect on just how truly *horrifying*…

Law Firm Beats Defamation Claim Over TCPA Blog: Court Finds “Major Spousal Scheme” Headline Was Inactionable Opinion, Not Fact

29 Oct 201931 Oct 2019

This one is my favorite blog of the year-- its almost too fun to be true and reminds me of that old sitcom Community. I loved that show for the…

Court Credits Expert Finding that 75% of Cell Phone Numbers Are On Shared Plans: Rejects Certification of TCPA Wrong Number Class For Inability to Identify Harmed Class Members

25 Oct 201929 Oct 2019

If you’re looking for a short TCPA certification ruling packing a big punch you’ve come to the right place. As the seesaw battle over whether wrong-number TCPA class actions are…

TCPAWorld After Dark: Key Ruling in Multi-Account Debt Collection TCPA Case — Revocation on One Account Does Not Revoke Consent for Calls on Another Account

25 Oct 201925 Oct 2019

It's 9:36 pm on the East Coast but the party is just getting started here in TCPAWorld. So pour yourself an espresso shot and let's talk multi-account revocation TCPA suits…

Up in Smoke: TCPA Class Action Against Cannabis Start-Up Ease Put to Bed By Binding Arbitration Clause

24 Oct 201925 Oct 2019

The Cannabis industry is not immune from the Telephone Consumer Protection Act as a number of cases targeting cannabis suppliers and retailers have tested purported telemarketing techniques used by “pushers”…

TCPA University: How to Build a Website Containing Binding Contractual Disclosures By Avoiding Common Design Pitfalls that Defeat “Inquiry Notice”

23 Oct 201924 Oct 2019

Welcome back to TCPA University here at TCPAWorld.com. I'm Professor Czar. (Why not?) Today’s lesson—how to design a process to capture reliable consent and/or binding contract terms from people perusing…

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