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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”

20Aug 201920 Aug 2019

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Big Welcome to TCPAWorld Marchioness Leanna Costantini–And a few Additional Observations About the New Allan ATDS Ruling

Well you may have noticed that TCPAWorld’s piece on Allan v. Pennsylvania Higher Education Assistance Agency, No. 2:14-cv-54 (W.D. Mich.…

20Aug 201920 Aug 2019

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Marks Adopted for the First Time in the Sixth Circuit—State of Michigan Now Split on Requirements for TCPA Claim

Well the Wolverine state is now at war with itself—and I’m not talking about college football. As we’ve reported previously,…

Class Actions…

Don’t Play Dead: Another Court Certifies Default TCPA Class Action and Orders Invasive Class Discovery on Defaulted Defendant

19 Aug 201920 Aug 2019

It might work for opossums, but as I reported a few weeks back, playing dead in TCPAWorld is not a winning strategy—it just makes it easier for a court to…

Arbitration…

Past Conduct Subject to Arbitration: TCPA Claim Compelled to Arbitration Even Where Calls Pre-Dated Arbitration Clause

19 Aug 201920 Aug 2019

TCPA cases are commonly compelled to arbitration so a ruling enforcing an arbitration provision in a TCPA suit is hardly noteworthy these days. Nonetheless a ruling out of the Southern…

Class Actions…

SDNY Joins “Chorus of Courts” Finding That Individual Issues of Consent Preclude Class Certification in “Wrong Number” Case

19 Aug 201920 Aug 2019

On August 14, 2019, the Southern District of New York became the latest court to deny class certification in a “wrong number” case, finding that any common issues regarding how…

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DEFECTIVE PLEADING DEFEATS DEFAULT JUDGMENT

16 Aug 2019

Anton Ewing, no stranger to the role of Telephone Consumer Protection Act (“TCPA”) plaintiff, presumably thought he was home free. The clerk of the Federal District Court in San Diego…

Class Actions…

TCPA Quick Hitter: Court Rules Class Notice Need Not Advise Class Members They May be Deposed or Subpoenaed to Trial

15 Aug 201919 Aug 2019

Although I have been fortunate enough to defeat every certification effort I’ve been involved in to date--*knocking on so much wood*-- I have recently been called in to assist on…

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Calls to Landlines May Still Be Calls to Cell Phones Under the TCPA?: First Circuit Court of Appeal Makes TCPA Compliance Impossible with Stunning New Ruling

15 Aug 201919 Aug 2019

Well folks, compliance with the Telephone Consumer Protection Act (“TCPA”) just became even more difficult. There is little unshakable bedrock in TCPAWorld but we had this: if a number is…

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REPUBLISHED: My Huge Law360 “Expert Analysis” TCPA Piece Comparing TRACED and Stopping Bad Robocalls Act is Now Available on TCPAWorld.com

14 Aug 201915 Aug 2019

Editor's Note: This piece ran as an "Expert Analysis" in Law360 this week entitled "How 2 Robocall Bills Would Affect TCPA Enforcement." It is re-published here with permission from that…

TCPA Discovery…

TCPA Emergency Exemption Tested: TAINTED BEEF WARNING PASSES EMERGENCY SCRUTINY

14 Aug 201915 Aug 2019

The Telephone Consumer Protection Act (TCPA) carves out from the requirement for prior express consent, a call to a wireless phone “made for emergency purposes.” But what messages meet the…

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INVITE TO TALK BAD BACK CAUSE YIELDS EXPOSURE TO POTENTIAL TCPA PAIN IN THE POCKET

13 Aug 201914 Aug 2019

Can a seemingly innocuous faxed invite to talk about back pain remedies trigger a potential case of TCPA liability? You bet said the Northern District of California in Eric B.…

Class Actions…

Too Cozy for Comfort?: Intriguing TCPA Adequacy Decision Illustrates Close-Knit Nature of TCPA Class Action Community

12 Aug 201914 Aug 2019

TCPA litigation is big business. TCPA class lawyers make millions for the right case and competition for good leads is fierce. As I have said many times, however, TCPA class…

Vicarious Liability

Case Closed?: Not Quite Yet, But Serial TCPA Litigator Testing Court’s Patience

9 Aug 201912 Aug 2019

Well, no one can say that he did not get his day in Court. Plaintiff Ewing, a serial TCPA litigator who filed yet another case assigned to Judge Battaglia, narrowly…

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TCPA Quick Hitter: Florida District Court Affirms that Contractual Consent is Irrevocable Under Reyes

9 Aug 201912 Aug 2019

As the Grand Duchess reported not long ago a Magistrate Judge in South Florida recently held that consent obtained in a class action settlement was irrevocable—even against unnamed class members—under…

Class Actions…

Ouch: Brutal TCPA Certification Ruling Uses Agency as Common Issue and Finds Defendant Waived Key Arguments While Failing to Introduce Necessary Evidence on Consent

9 Aug 201912 Aug 2019

Wednesday was a bad day for a TCPA defendant in a case down in San Diego. As I’ve said many times, strange rules exist in TCPA certification cases that do…

FCC Action…

Mark(s) My Words: No Stays in the Ninth Circuit to Await FCC Guidance on the Meaning of an ATDS

8 Aug 20199 Aug 2019

TCPA World, another update in our continuing coverage of stays in TCPA cases on primary jurisdiction grounds. As you know, the FCC has sought public comment on the parameters of…

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TRACED vs. Stopping Bad Robocalls Act: The Comparative Analysis You’ve Been Waiting For

8 Aug 20199 Aug 2019

Well folks I have returned from arbitration and wanted to provide you with my at-a-glance comparison of the pending "robocall" statutes currently pending in Congress that aim to modify the…

Officer/Director Liability

Common Core Litigation: Magistrate Judge Recommends to Re-Open SDOH TCPA Case and Then Dismiss All Remaining Claims

7 Aug 20198 Aug 2019

I was recently informed that math is taught differently nowadays. Kids are using logic, and more apples and oranges versus my old-school base 10 and long division. Nonetheless, in either…

ATDS/Human Intervention…

Marks Rejected By Pennsylvania Federal Court: A Predictive Dialer Is Not Per Se An ATDS In The Third Circuit

7 Aug 20198 Aug 2019

Well, TCPAWorld, the Keystone State has again opined on the issue of predictive dialers – this time, however, by faithfully following circuit precedent. In Smith v. Navient Solutions, LLC, 2019…

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Shot Across the Bow: “Parroting” TCPA Allegations From “Case to Case” May Be Subject to Sanctions

6 Aug 20198 Aug 2019

The Middle District of Florida just issued a sternly worded warning to TCPA plaintiffs and their counsel, stating that pre-suit investigations are a necessary pre-requisite to filing their claims –…

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FCC ADOPTS RULES TO BAN MALICIOUS SPOOFING OF TEXTS AND INTERNATIONAL CALLS

5 Aug 20195 Aug 2019

Acting to implement a Congressional legislative directive, the Federal Communications Commission (FCC) last week “adopted new rules banning malicious caller ID spoofing of text messages and foreign calls” (https://docs.fcc.gov/public/attachments/DOC-358841A1.pdf). The…

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Devoid of Datum: TCPA Claim Dismissed For Failure to State a Claim in NDOH

2 Aug 20197 Aug 2019

Word of the Day: Datum. Synonym: information. As Applied: It is hereby ordered that Plaintiff Whitacre’s TCPA claim is dismissed for failure to plead the datum necessary to state a…

Class Actions…

Path Uncertain? Georgia Federal Court Claims Power to Certify TCPA Class Against Defaulting Defendant Based On Ambiguous Standards

2 Aug 20197 Aug 2019

If a defendant defaults in a TCPA case, can the plaintiff still seek class certification of his or her claims against that defendant? In Hobbs v. Entrevoice Virtual Sols., Inc., …

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FTC POLICING CARRIER ROBOCALL ROLES?

1 Aug 2019

The Federal Trade Commission (FTC), under Section 5 of the Federal Trade Commission Act (FTCA), has broad enforcement authority over “unfair or deceptive acts or practices.” It has used this,…

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Spokeo Reborn!: Court Finds TCPA Plaintiff Does not Have Article III Standing Unless She Proves Call “Caused a Nuisance”

1 Aug 20192 Aug 2019

It has been so long since a court dismissed a TCPA case for lack of Article III jurisdiction under Spokeo that most of us had stopped bringing standing challenges—except in…

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