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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”

IS IT 4:20 YET?: Cannabis Industry Spokesman Joins Unprecedented Podcast to Discuss Dispensaries’ TCPA Compliance Woes

Its no secret that the Cannabis industry–particularly mom and pop dispensaries– has been simply hammered by predatory TCPA lawsuits recently.…

MARCH MADNESS– TCPA Edition: Here’s the Schedule of BIG March Events

As I relayed yesterday March is off to a big start with a true MASTERCLASS on express consent set for…

The SUPER TEAM is REAL: BakerHostetler’s Privacy Head Alan Friel Leaves to Join Forces With TCPAWorld, CPW and Squire Patton Boggs

1 Mar 20212 Mar 2021

So remember how I've been teasing that BIG news I wasn't allowed to talk about? Well now you know what it is. One of the biggest names in data privacy…

FACEBOOK WATCH 2021: No Ruling Today

4 Mar 20215 Mar 2021

Today was an opinion day at the Supreme Court so we here at TCPAWorld were carefully watching the Court’s release of opinions this morning. While we had two opinions today,…

WHAT THE HECK IS A “MASTERCLASS” ANYWAY?: Find Out as Queenie, the Kingmaker, the Czar and the Archduke take the (Virtual) Stage Together for the First Time Ever Next Week

4 Mar 20215 Mar 2021

So I've been hearing this goofy phrase "masterclass" for a while now. And I always kind of cringe when I hear it because...what does it mean? Am I the master…

Real Quick: The U.S. Ambassador to Luxembourg just Joined Squire’s Atlanta Office and that’s Just Cool

4 Mar 20214 Mar 2021

So I try not to brag about all the fun stuff that happens here at Squire too much--that gets old quick--but I thought this was pretty cool. Trial lawyer Randy…

The Future of Class Notice?: Another Court Orders Class Notice be Sent Via Text Message

4 Mar 20214 Mar 2021

A while back I pointed out the irony of a text message TCPA class action ending with the parties sending more text messages to the class members to notify them…

One of a Kind Ruling?: Extremely Rare ATDS Win for Defendant on Summary Judgment in Ninth Circuit Entered in California Court

3 Mar 20214 Mar 2021

Earlier this week I did a story on a motion to dismiss ATDS claims being granted in the Ninth Circuit’s footprint. Well this ruling is even stranger/rarer/cooler/odder. Setting the stage,…

Playing Politics: National Republican Senatorial Committee Sued for Unwanted Robocalls

3 Mar 20214 Mar 2021

With the election cycle behind us we move into TCPAWorld's version of March Madness--an onslaught of TCPA cases filed against various campaigns, PACS, and committees related to unwanted campaign calls…

Partial Win for Company Facing Nationwide ATDS Class Action: Court cannot Exercise Personal Jurisdiction Over Out-of-State Named Plaintiffs, but Arbitration Clause “Unconscionable” and ATDS Allegations Sufficient

Facing a nationwide TCPA class action for calls allegedly made using an ATDS, DirecTV sought partial dismissal on multiple grounds: (1) the lack of personal jurisdiction over certain named plaintiffs;…

We Meant it the First Time!: Seventh Circuit Re-Affirms Gadelhak’s Narrow ATDS Reading Even as Facebook Ruling Lingers

2 Mar 20213 Mar 2021

Well its March, 2021 which means only one thing—time to start paying attention to the Supreme Court and its imminent ruling in the huge Facebook ATDS appeal. The Grand Duchess…

Dropping the Heavy Hammer: Rare Motion to Dismiss ATDS Allegations Granted in California Court

1 Mar 20213 Mar 2021

With all the excitement of Alan joining Squire still percolating I know its tough to focus on hard work of TCPA defense but, back to work. Here’s a quick and…

BREAKING: Head of BakerHostetler’s Entire US Consumer Privacy Practice Joins the Czar Squire Patton Boggs–and This is EVERYTHING

1 Mar 20211 Mar 2021

BIG NEWS! I told you--we here at Squire are out to take over the (consumer privacy data) world. I'll have more coverage on this in a bit, but I just…

GOVERNMENT COMES OUT AGAINST CREASY: DOJ Files Brief Urging TCPA is Constitutional After All

26 Feb 20211 Mar 2021

I know everyone is headed off for the weekend, but real quick-- the DOJ just filed a brief opposing PETA's Creasy motion in a suit in California and I wanted to make…

NOT SO STYLISH: Express Hit With Massive $5MM+ TCPA Class Action Over Marketing Texts

26 Feb 20211 Mar 2021

TCPA class litigation is a constant threat for the retail industry, who often rely on drip or nurture marketing to stay in contact with their devotees. Express is one of…

STARTING OVER: Defendant Sees TCPA Certification Denial Slip Away as Eleventh Circuit’s Ascertainability Standard Shifts

25 Feb 202126 Feb 2021

I know it was a nerdy article, but I told you TCPAWorld—this dramatic shift in the Eleventh Circuit’s ascertainability rules is a really big deal. In Garret, of course, the…

FEDERAL REGISTER NOTICE ON IMPLEMENTATION OF SECTION 8 OF TRACED ACT: TCPA EXEMPTIONS

TCPAWorld has previously reported on the Federal Communications Commission’s (FCC) final action implementing Section 8 of the TRACED Act, codifying and modifying certain exemptions under the Telephone Consumer Protection Act…

HIYA Presents Great 30 Minute “State of the Call” Webinar, and the Czar Was Impressed

25 Feb 202126 Feb 2021

I don't attend very many webinars that I'm not speaking on. In fact, this might be my first one in the last year. But when my buddy Alex Algard (CEO…

GROUPS REEMPHASIZE NEED FOR “CORRECTION” OF FCC DECISION ON TCPA EXEMPTIONS FOR CERTAIN INFORMATIONAL CALLS TO RESIDENCES

As TCPAWorld previously reported, a group of trade associations led by the American Bankers Association (Group) formally asked the Federal Communications Commission (FCC) to issue an erratum correcting an apparent…

Yes, Text Messages Are “Calls” Under the TCPA. But Here’s Why You Might Not Want to Concede The Issue Just Yet

24 Feb 202125 Feb 2021

So I was reading the decision in Gulden v. Liberty Home Guard Llc, No. CV-20-02465-PHX-JZB, 2021 U.S. Dist. LEXIS 33833 (D. Az. Feb. 23, 2021) this morning and I just…

What’s Up With That? T-Mobile Announces it Will No Longer Allow Debt Collection Text Messages To Reach its Network Users—Let’s Discuss

24 Feb 202125 Feb 2021

In case you haven’t heard, T-Mobile recently announced that it would not allow debt collection text messages to reach its network users. This decision appears to be in tension with…

OUCH: Stunning $4.3MM Judgment Entered Against TCPA Defendant After it Failed to Respond to Class RFAs

22 Feb 202124 Feb 2021

Repeat after me: "I _____ will respond to RFAs that are served on me, my client, or my organization." Thank you. I really shouldn't have to do that, but this…

TCPA Quick Hitter: Another Court Rejects Creasy and I’m Getting Bored

22 Feb 202124 Feb 2021

You know how sometimes a game is billed as a huge deal and then one quarterback goes and destroys the other team and by the end of the game you…

Tell it to the Arbitrator: Unconscionability Challenge to Arbitration Agreement for Arbitrator to Decide

Last week, another federal court compelled arbitration in a TCPA case finding that pursuant to the arbitration agreement’s delegation clause, any claims that the arbitration agreement is unconscionable must be…

FAXES RE FREE CONTINUING EDUCATION PRESENTATIONS: WHAT CONSTITUTES A COMMERCIAL PRETEXT?

Were seemingly innocuous unsolicited fax invitations to attend a free continuing education presentation on “Canine and Feline Disease Prevention Hot Topics” advertisements, or at least a pretext, to pitch attending…

NO ESCAPE: ViSalus Can’t Shake Loose of $925MM TCPA Judgment In Bid for New Trial

17 Feb 202122 Feb 2021

I'll give ViSalus and its lawyers credit--they keep fighting. As TCPAWorld.com readers are well aware by now, a jury found ViSalus made nearly 2mm illegal calls and the Court entered…

ATDS/Predictive Dialer Cases

No Summary Judgment on ATDS Allegations, Despite Glasser

16 Feb 202116 Feb 2021

As we've covered extensively, the Eleventh Circuit's ruling in Glasser provided a helpful victory for TCPA defendants facing ATDS claims. The decision holds that the TCPA only applies to ATDS…

Another TCPA Certification Disaster: Business Practice in Danger After TCPA Case Certified Against PillPack in Suit Involving Oral Consent to Transfer Calls

15 Feb 202122 Feb 2021

This is a big one folks. A fairly common practice in the marketing game is to buy leads from third-parties that obtain written consents to permit calls on a certain…

Phantom Victory: AAPC Not the “Prevailing Party” In Supreme Court Case it Won—Denied Fee Recovery by Lower Court That Likely Cost it the Victory to Begin With

15 Feb 202117 Feb 2021

The story of the AAPC Supreme Court ruling might be the oddest in the history of the TCPA. And that's saying something. Imagine winning a case on an argument you never raised…

“Rachel From Card services” gets Sued!: Famous TCPA Litigator Cunningham Claims to Have Found the Individuals Behind “Rachel” and Things Are About to Get Nutty

12 Feb 202115 Feb 2021

You ever watch that old movie where King Kong fought that dragon creature, or dinosaur, or whatever it was? Well, here’s the TCPA equivalent for you. Far be it from…

OH MAN IS THIS SWEET!– The 2020 TCPA Year End Review is Revved Up and Better than Ever

10 Feb 202115 Feb 2021

So just got the "final final" back from the design team and Holy Smokes is the Squire Patton Boggs 2020 TCPA Year End Review, Presented by Drips definitely the best…

GROUPS SEEK “CORRECTION” OF FCC DECISION ON TCPA EXEMPTIONS FOR CERTAIN INFORMATIONAL CALLS TO RESIDENCES

As TCPAWorld previously reported, the Federal Communications Commission (FCC) may have unintentionally expanded prior express written consent requirements when it recently codified certain Telephone Consumer Protection Act (TCPA) exemptions for…

QUICK UPDATE—WHEN WILL THE SUPREME COURT RULE IN FACEBOOK’S TCPA ATDS CHALLENGE?

9 Feb 202112 Feb 2021

I have noticed a ton of traffic on TCPAWorld.com being driven by search terms related to the Facebook SCOTUS appeal recently, with a lot of you (and randos on google)…

TCPA Quick Hitter: Here Are Some Cy Pres Ideas for your Next TCPA Settlement— NCLC Did NOT Make the List

9 Feb 202110 Feb 2021

One of the strangely tricky parts about settling a TCPA class action is selecting a proper cy pres recipient. As the recent Dish settlement demonstrates, cy pres recipients may end…

FCC SETS COMPLIANCE DATE FOR REPORTING DISCONNECT DATA FOR REASSIGNED NUMBER DATABASE

In December of 2018, the Federal Communications Commission (FCC) established “a database that will allow callers to determine whether a telephone number has been permanently disconnected after a date certain…

TCPA Win! Calls made more than four years before case filed dismissed as untimely

Today we report on a defense victory against a pro se TCPA plaintiff in Kentucky. See Miller v. I.C. Sys., No. 1:19-CV-00102-GNS-HBB, 2021 U.S. Dist. LEXIS 214012 (D. Ken. Feb. 4,…

Too Good A Deal?: Court Eyes Rejecting TCPA Settlement That Only Provides $18.00 Per Class Member

8 Feb 20219 Feb 2021

One of the most unexpected parts about running tcpaworld.com—at least to me—is the large number of folks that visit the website to find information about TCPA class action settlements. I…

GET IN THE KNOW!– Squire Patton Boggs’ FREE 2020 TCPA Year End Review, Presented By Drips, is Now Available (Sort of)!

5 Feb 20219 Feb 2021

Hi friends Its the best day of the year! The day I get to announce that my TCPA ANNUAL REVIEW is finished! *woo* Yes, I just woo'd for myself-- but…

TCPAworld.com isn’t just a blog, its a lifestyle obsession for those that eat, sleep, and breathe the TCPA like we do.

We’ll break all the TCPA news–usually before anyone else does–with witty and informative articles that break the mold of stuffy law firm analysis. Yet the analysis you’ll find will always be dead on and steeped in our decades of combined TCPA defense experience.

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