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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 DOES IT REALLY MEAN?: The Czar and the Archduke Break Down the Importance of the Big SCOTUS FTC Ruling Today

Well we helped break the news today that the Supreme Court has stripped the FTC of its self-appointed power to…

22Apr 202122 Apr 2021

WOAH: SUPREME COURT STRIPS FTC OF KEY ABILITY TO OBTAIN MONETARY RELIEF IN COURT–CONGRESS VOWS SWIFT ACTION

Well this is a big one. And although it doesn’t relate directly to the TCPA, the cross-over issues here are…

FACEBOOK IS OUT!: The 6 Most Critical Take Aways–and One Most Important Question–Following the Supreme Court’s HUGE TCPA ATDS Ruling Today

1 Apr 20212 Apr 2021

Well folks, it never fails. I try to sneak out on a vacation and a major TCPA ruling comes down. It happened with ACA Int'l. It happened with the Ominibus. And…

Footnote Focused: Court Allows Further Briefing on Elusive Meaning of Facebook’s Critical Footnote 7

22 Apr 202122 Apr 2021

Really interesting one for you. A court in Texas has used footnotes to invite further briefing about footnotes, and I saw what it did there. But beyond being clever, the…

TCPA Quick Hitter: Another Court Explains the Difference Between a Merits Challenge and a Standing Challenge

21 Apr 202122 Apr 2021

I’ve always been a purist. Legal doctrine is black and white to me. No grey. It applies as intended, or it shouldn’t be applied at all. Obviously not every Court…

TCPAWorld After Dark: Colonial Penn Life Insurance Hit With TCPA DNC Class Action

Well the insurance vertical seems to be in the cross-hairs again. I've seen a few recent filings against familiar names and I figured I'd point this one out. The good…

MADNESS: Court Holds Collector Can Be Liable Under TCPA for Calls That Were Exempt At the Time They Were Made

20 Apr 202122 Apr 2021

Well folks, this is the TCPA's jump the shark moment. Yes, we've seen madness before. There was that time the FCC used an exemption in favor of government contractors to…

What Will Appellate Courts Do With Facebook?: New SCOTUS Remands Put the ATDS Ball Back in Familiar Courts

19 Apr 202121 Apr 2021

My buddy Sara Merken--great reporter--broke the news today that the Supreme Court has remanded the LaBoom Disco and Allan cases back to the Second and Sixth Circuit Courts of Appeal, respectively. The results in…

Keystone: A Court in PA Just Quietly Saved TCPAWorld from a Massive Onslaught of New Internal DNC Cases and No One is Talking About it

19 Apr 202120 Apr 2021

With Facebook neutralizing most TCPA ATDS claims, understanding the DNC rules—including the dense CFR requirements— is more important than ever. Well a court in Pennsylvania just quietly saved TCPAWorld from…

Hawaii School Sued for Calls to A Parent!

19 Apr 202119 Apr 2021

No institute is safe from TCPA lawsuits--not even a school. Proceeding pro se, an Oklahoma-resident plaintiff, John Anthony Guadnola, sued the Waialua High and Intermediate School for calls concerning his…

PACKED SCHEDULE!: Here’s what the Czar is up to the Next Three Months

18 Apr 202119 Apr 2021

Well folks, I know everyone is looking forward to getting back on the road and to in-person events now that we're all vaccinated up. Figured I'd put a few major…

WOW!: TCPAWORLD.com Launches Facebook Resource Page and Audio Format Blogs

16 Apr 202119 Apr 2021

Yeah, I know... we're awesome. As we constantly aim to improve your experience with TCPAWorld.com--and your easy access to all things TCPA--we sometimes deploy new channels and resource pages. Well…

Prerecorded Recall Disaster: Automated Messages Urging Mayoral Recall Lead to Certified TCPA Class Action

16 Apr 202116 Apr 2021

Listen in via TCPA Today Big TCPA trouble in Music City. Some outfit in Tennessee styling itself “No Tax 4 Nash” is in a (TCPA) world of hurt after…

SPIKE IN NEW TCPA FILINGS SAYS IT ALL: DNC and PreRecorded Voice Claims Are Pouring In

16 Apr 202118 Apr 2021

Audio version here: During the peak of the TCPA lawsuit epidemic I would see 15-20 cases filed a day. Between AAPC and Facebook that number dropped a ton--some days we'd see zero filings.…

Another Weird TCPAWorld Moment: That Time a Guy Subpoenaed the FTC to Produce the Entire NDNC List and Got 4.3MM Records Instead

15 Apr 202116 Apr 2021

Prefer to get your TCPA news in audio form? Subscribe to the new TCPA TODAY spotify podcast to get audio versions of TCPAWorld.com's great content. Click below: I love TCPAWorld.…

Did the NRA Just Take Down the TCPA? CRITICAL New Ruling Holds Facebook Requires “Use” of R&SNG and Not Just Capacity

15 Apr 202116 Apr 2021

Editor's Note: It was just pointed out to me by a reader that the Judge issuing this opinion-- the Hon. Lance E. Walker, was actually himself a member of the…

DEADLINES SET FOR RESPONSES TO PETITIONS TO RECONSIDER TCPA EXEMPTIONS ORDER

On March 31, 2021, the Federal Communications Commission (FCC) released a Public Notice concerning the deadlines for responding to two Petitions For Reconsideration (Petition) filed in connection with the agency’s…

FCC ANNOUNCES ADDITIONAL ACTIONS TO COMBAT UNWANTED ROBOCALLS

Last month Federal Communications Commission (FCC) Acting Chairwoman Jessica Rosenworcel announced a multi-faceted agenda to combat unwanted robocalls https://tcpaworld.com/2021/03/17/fcc-acting-chair-announces-actions-agenda-to-further-combat-illegal-robocalls/. On April 13, 2021, the Acting Chairwoman fired a second salvo…

Court Dismisses Nationwide TCPA Class Action as Not Plausible–Even with Defendants Facing Wire Fraud Charges for Millions of RoboCalls!

A plaintiff must allege his injury with some plausibility to move forward with TCPA claims, even for claims against a TCPA scofflaw. That is the lesson from a recent opinion…

THE NEXT WAVE?: New Suit Against Realtor Shows Potential Path of Post-Facebook TCPA Class Actions

12 Apr 202115 Apr 2021

As you have seen me emphasize over and over again in the last 10 days, DNC claims and claims related to pre-recorded calls are now the new TCPA risk. Claims…

FACEBOOK UPDATE: Here is Where Things Stand in TCPAWorld 8 Days From the Big Decision

9 Apr 202115 Apr 2021

Well it has been a country week since Facebook was handed down and things are starting to take shape. Here's a timeline of events for you folks (all times pacific): April…

MORE CONGRESSIONAL RUMBLINGS OVER SCOTUS ATDS DECISION: “WE WILL CLOSELY FOLLOW THE IMPACTS”

A few days after two Congressional Democrats announced plans to “soon introduce legislation to amend the [Telephone Consumer Protection Act (“TCPA”)], fix the [Supreme] Court’s error, and protect consumers” (https://tcpaworld.com/2021/04/01/congressional-democrats-react-to-duguid-decision-legislation-to-fix-the-courts-error-2/),…

SURVEY FAX NEITHER UNSOLICITED ADVERTISEMENT NOR PRETEXT

Does a “faxed invitation to participate in a market research survey in exchange for money constitute[] an ‘advertisement’ [or the pretext of one] under the Telephone Consumer Protection Act…and [its]…

VIZUALIZING THE FACEBOOK RULING: Let’s Look at Some Redlines Together and Figure This Out

8 Apr 202111 Apr 2021

I'm in between calls on Facebook and it is clear that confusion still abounds. Even some defense lawyers are looking at this the wrong way. And this is after my…

BREAKING: First District Court Ruling Applying Facebook is Out! Holds ATDS Allegations Survive the Pleadings Stage

7 Apr 20219 Apr 2021

Well that didn't take long. In a first-in-the-nation analysis, a district court in Colorado today has held that Facebook does not prevent a TCPA ATDS blast messaging case against a cannabis company from…

SUPPORTING CREASY!: ACLU Reps Join Unprecedented Podcast to Discuss Why Stakes Are SO high for the First Amendment

7 Apr 20218 Apr 2021

As I've laid out previously, the decision in Creasy was likely the single most financially impactful legal decision in American history--wiping the slate clean on trillions in potential TCPA exposure that arose…

TEASER: A Few Good Reasons for You to Attend Tomorrow’s MASTERCLASS on SMS and Consent

6 Apr 20217 Apr 2021

So, yes I went ahead and put together flow charts for express consent analysis under the TCPA and DNC. Yes, these are teaser versions. (I wonder what I cut out?)…

ANOTHER FORMAL PETITION TO “CORRECT” EXEMPTIONS CONSENT REQUIREMENT

5 Apr 20216 Apr 2021

TCPAWorld reported that Enterprise Communications Advocacy Coalition formally asked the Federal Communications Commission (FCC) to “correct” an apparently unintentional expansion of prior express written consent requirements when the agency recently…

Creasy Alive and Well in Texas!: Court Finds TCPA “Unconstitutional from the moment Congress enacted the government debt exception until the Supreme Court handed down its decision in AAPC”

5 Apr 20217 Apr 2021

Lots going on in TCPAWorld folks. I know Facebook is overshadowing Creasy at the moment, but for many businesses facing a combined trillions in exposure for calls between 2015 and…

TCPA Quick Hitter: National Republican Senatorial Committee’s Constitutional Challenge to TCPA Rejected—Highlights Why Congress Unlikely to Act on Broadening TCPA in Response to Facebook

5 Apr 20215 Apr 2021

As I wrote over the weekend, I think it is unlikely Congress moves swiftly to broaden the TCPA in light of Facebook. Let me give you another example of why…

Court Stays Within the Four Corners–No Dismissal Despite Compelling Evidence of Consent

As law students learn during their first civil procedure course, courts generally take factual allegations "as true." This gives the plaintiff "a full opportunity to conduct discovery and thereby uncover…

BOOM!: Three More Ace Privacy Lawyers Leave BakerHostetler for Squire Patton Boggs

5 Apr 20216 Apr 2021

Squire Patton Boggs is absolutely privacy law/data security nirvana right now. The firm was already synonymous with great privacy lawyers between the TCPAWorld team and the powerful litigators of Consumer…

CRITICAL OPPORTNITY: Here’s Why the Czar Doesn’t Expect Swift Congressional Action in Response to Facebook if Industry Self-Regulates

3 Apr 20215 Apr 2021

EDITOR'S NOTE: I rarely post on the weekends, but this is pretty important stuff. Share as you believe appropriate. I know there's a lot of noise out there about Congress swiftly…

Justice Alito’s Concurrence in Facebook–Context Matters!

2 Apr 20212 Apr 2021

As my colleague (the Grand Duchess of the TCPAWorld) explains in an excellent post commenting on the Facebook v. Duguid decision--When in Doubt, Begin with the Text. She is, of course,…

TEXT MESSAGE CONSENT MASTER CLASS ON APRIL 7, 2021: Sign Up Now!

2 Apr 20215 Apr 2021

Thanks to all the folks that just attended the webinar breaking down the huge Facebook opinion. It was a tremendous panel and so many great questions. Dozens and dozens of questions…

Post-Facebook TCPA Update– Here’s Everything You Need to Know About The Last 24 Hours in TCPAWorld

2 Apr 20213 Apr 2021

Good morning TCPAWorld Well it's Day 1 PF (post-Facebook). Here is where we are: As Paul reported last night, Congressional Democrats have already promised to move forward with legislation to…

CONGRESSIONAL DEMOCRATS REACT TO SCOTUS DECISION: LEGISLATION TO “FIX THE COURT’S ERROR”

1 Apr 20211 Apr 2021

Congressional Democrats wasted little time in promising to address the U.S. Supreme Court’s 9-0 holding in Facebook, Inc. v. Duguid, ruling that an automatic telephone dialing system (ATDS) under the…

COUNTERPUNCH: Here’s What the Plaintiff’s Bar is Saying About Why Facebook May Not Be As Solid a Win for Callers as It First Appears

1 Apr 20212 Apr 2021

The flurry of activity continues today following the big Facebook ruling and I wanted to make sure you all had the benefit of events on the ground. As TCPA defendants begin making…

When in Doubt, Begin with the Text

These days, it is not very often that we see a 9-0 decision from the U.S. Supreme Court. But assuming the Court is not playing an April Fool’s joke, today…

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