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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”

What is a Prerecorded Call for TCPA Purposes?: The Czar and the Baron Speak with the FCC to Push for Clarity on this Critical Issue

Well, here’s where the big teaser pic from last week pays off. As our readers know, the Baron and I…

4Dec 20194 Dec 2019

COMPROMISE ROBOCALL BILL PASSES HOUSE: Pallone-Thune TRACED Act ON TO THE SENATE

Well that didn’t take long. Just last Wednesday we reported that the text of the so-called Pallone-Thune TRACED Act–the “compromise”…

First to File a Class Action is Not Enough to be Heard First

Early bird did not get the worm in Pena v. Heath, Case No. 1:18-cv-24407-UU, 2019 U.S. Dist. LEXIS 206006. Two rival TCPA class action Plaintiffs (and Plaintiff firms) jostled at…

HOUSE PASSES PALLONE-THUNE TRACED ACT

By a vote of 417-3, the U.S. House of Representatives today passed the Pallone-Thune TRACED Act, S.151. The bill now moves on to the U.S. Senate, where Senator John Thune…

Another Surgery on the TCPA by a District Court

Another court holds the TCPA is unconstitutional, but we can keep it kosher by just removing that part. What? You’re shook. As the newest member of TCPAWorld’s defense team, I…

HERE IT IS– PALLONE-THUNE TRACED ACT SUMMARY OVERVIEW

3 Dec 20194 Dec 2019

The following summary overview of the provisions of the Pallone-Thune TRACED Act, S. 151, currently under consideration by the US House of Representatives, is not a substitute for consulting the…

Settlement Reveals How Expensive the TCPA is Compared to Other Consumer Statutes

3 Dec 20194 Dec 2019

If you're reading TCPAWorld.com you know the TCPA is no ordinary statute. And rather obviously TCPA class litigation matters are among the biggest and most complex cases out there. While…

SUPREME COURT SAYS “NO” TO DR. MAUTHE

Remember Dr. Robert Mauthe? As we reported back in May, Dr. Mauthe received an unsolicited fax from Optum, Inc. and Optum Insight, Inc. (together, “Optum”), both of which maintain and…

BREAKING TCPA NEWS: Don’t Leave for Thanksgiving Just Yet! Text of New Compromise “Robocall” Bill Just Released–and its Huge!

27 Nov 20193 Dec 2019

Well it has been a long time coming but Congress just released the compromise bill that appears highly likely to pass both chambers and will modify the Telephone Consumer Protection…

Happy Thanksgiving TCPAWorld!: We’re Serving Up the Top 10 TCPA Stories of 2019 You Should Be Grateful For This Holiday

27 Nov 20193 Dec 2019

Every year I do a piece on scary TCPA stories for Halloween. This year I figured I'd start a new tradition and identify the top TCPA stories we should all be thankful…

Judgment Day: $190k Judgment Against Credit One Bank Entered Following Grueling TCPA Saga—Calls Made to Disconnected Phone Deemed Actionable

26 Nov 201927 Nov 2019

We all knew this day would come. But we didn't know it would hurt quite this badly. After a months-long battle over the proper application of the TCPA, Credit One…

Clickbait?: Here’s That Wildly Popular CCPA/TCPA Webinar You Missed And an Unrelated Picture of Me at the FCC Today

25 Nov 201927 Nov 2019

Its been a pretty wild month of November for me. Wrapping five speaking gigs with a set of all-important meetings with the FCC today made for quite the whirlwind. Figured…

TCPA Roller Coaster: Plaintiff Makes $30MM Mistake at Trial But the Court Bails Out the Class Anyway

25 Nov 201926 Nov 2019

On my recent speaking tour I have been observing that no Defendant has yet won a trial in a certified TCPA case. Think about that—every single Defendant to take…

Ringless Voicemail…

TCPA News In Brief: Ringless Voicemail Defendant Keeps Up the Pressure With Motion to Strike Plaintiff’s Expert Report

25 Nov 201926 Nov 2019

As we reported last week, the TCPA ringless voicemail Defendant involved in the big Saunders suit has gone on the offensive and moved for summary judgment in the suit. If the motion…

Ringless Voicemail…

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

21 Nov 201925 Nov 2019

Now we’re talking. As I reported a few weeks back, ringless voicemail juggernaut VoApps “fired the cannons” in opposing a brief summary judgment motion filed by the Plaintiff in the…

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…

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