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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”

TCPA CLAIM PROCEEDS AGAINST NRSC: Generic Campaign Texts Might Have Been Sent Using ATDS Court Finds

As we reported earlier in the year, the National Republican Senatorial Committee was absolutely getting lit up with TCPA lawsuit…

Bright line: “Not Interested” is Not a Revocation

Quick one for you this AM TCPAWorld. One of the toughest things to discern in this crazy world of ours…

HERE IT IS– Part 2 of That Definitive Guide to the New Florida Robocall Bill You’ve Been Waiting For (Section 501.616(6) and (7))

6 Jul 20217 Jul 2021

Sorry for being a bit late with our analysis. I know you're used to TCPAWorld.com being the first to cover major stories--our slogan is "I already read about that on…

HERE IT IS– Part 1 of That Definitive Guide to the New Florida Robocall Bill You’ve Been Waiting For (Section 501.059)

1 Jul 20218 Jul 2021

Good morning TCPAWorld! Its July 1, 2021--the day the new Florida Robocall Bill becomes effective. I know you've read a lot of (mostly bad) analysis on the new bill already…

FIXING FLORIDA: The Czar Was Been Asked to Help Fix the Mini-TCPA–Here’s How We Do It

27 Jul 202128 Jul 2021

Editor's Note: Yes, I'm serious. No, I have not been retained by anyone to lobby for a change in the Mini TCPA. I'm just doing it because it must be…

“Unprofessional and Unnecessary:” TCPA Defendant’s Rush to Seek Sanctions Against Plaintiff Pretty Much Backfires Completely

26 Jul 202127 Jul 2021

Anytime a ruling starts with a phrase like “[t]he practice of law is not just a job, it is a profession” you know somebody misbehaved. Usually—in my experience at least—that…

Plead the Fifth?: New Decision Underscores Why Potential Criminal Prosecution May Allow TCPA Defendants to Avoid Civil Discovery Demands

26 Jul 202127 Jul 2021

When I was on stage at the Palooza last week I reminded everyone that a violation of the TCPA can lead to criminal penalties. Folks seemed a bit confused because…

QUICK BRAG AS I RECOVER FROM THE PALOOZA: Court in NY Says Hunstein Doesn’t survive Ramirez and I Told You So

25 Jul 202126 Jul 2021

I love being right all the time. (Like all the time.) So the day Ramirez was decided I wrote this: Ramirez absolutely torches the standing analysis applied by the Eleventh Circuit–so Hunstein is…

NEW YORK ADDS TEXTING TO TELEMARKETING LAW

23 Jul 202123 Jul 2021

The State of New York has amended its telemarketing statute, Section 399-z of the General Business Law (https://www.nysenate.gov/legislation/laws/GBS/399-Z) ,to include text messaging within its parameters. The legislation, embodied in companion…

Meanwhile at the Palooza….

22 Jul 202126 Jul 2021

So there are two kinds of people in the world--the heroes and legends that attended the Great Vegas Compliance Palooza, and everybody else. :) What a show! If you're not…

FCC’S ENFORCEMENT BUREAU REQUESTS INFORMATION ON THE STATUS OF PRIVATE-LED TRACEBACK EFFORTS OF SUSPECTED UNLAWFUL ROBOCALLS

Section 13(c) of the Pallone-Thune TRACED ACT required the Federal Communications Commission’s (FCC) Enforcement Bureau (Bureau), not later than 210 days after date of enactment (i.e., by July 27, 2020)…

Tcpaworld after dark: that time I ran into abbas kazerounian on the way to a palooza…

21 Jul 202121 Jul 2021

I'm on an airplane Flying to Vegas for palooza I ran into abbas, the godfather of tcpa class actions and one of the best class action lawyers of all time…

Fun Webinar on Florida Bill Now Available for Those Who Can’t be in Vegas Tomorrow

21 Jul 202122 Jul 2021

So tomorrow is the big day--the start of PALOOZA! I have a bunch of new fun content built for the big show--including a huge discussion of Florida and FN7. This…

PLUGGED IN: Democratic House Passes Bill to Give FTC its Power Back

21 Jul 202125 Jul 2021

As TCPAWorld.com readers already know, the US Supreme Court ruled (unanimously!) back in April that the FTC could no longer go to court and recover profits from scam artists. This…

Florida and Facebook’s FN7– The Hidden Connection Between the Two Most Important ATDS Formulations Out There–and Why Human Number Selection is Suddenly Critically Important

20 Jul 202121 Jul 2021

The HUGE Florida robocall bill. Facebook's sphyxian footnote 7. You've heard all about them. But is there a connection? Might the two most critical pieces of ATDS lingo in America…

FINAL AND BINDING: Court Finds a Bureau Level Decision is Binding FCC Rule Under the Hobbs Act

19 Jul 202121 Jul 2021

We’ve been covering the impact of PDR Resources on FCC TCPA Rulings and we have some big news favoring the strength of FCC rulings. TCPAWorld.com readers will recall the Supreme…

TCPA TRAP?: 1.7 Cents Per Call is All it Takes to Sue For Calls to VOIP Line

19 Jul 202120 Jul 2021

Long ago it was argued that calls to VOIP lines that were forwarded to cell phones automatically triggered the TCPA's provisions under 227(b)(iii). That was a terrible rule and I…

DON’T CRY POOR: Court Allows Plaintiff to Sue Employees of TCPA Defendant Directly After Company Claimed a Lack of Funds

16 Jul 202119 Jul 2021

It often happens in TCPA litigation that a Defendant will cry poor-- claiming to be judgment proof or otherwise incapable of settling a case on a classwide basis--as if that…

ITS HAPPENING: Jack Kingston–former vice-chair of the Republican Conference–to Speak at the Palooza!

15 Jul 202119 Jul 2021

One of the best parts about working at Squire Patton Boggs is getting to rub shoulders with all the great politicians that haunt the halls here. SPB is, of course,…

WELL SAID: Court Affirms Creasy Affirmative Defense Available In Well-Worded Order

15 Jul 202116 Jul 2021

It may not always seem like it given my jaunty prose but I love eloquence. Remember I'm a big Eugene Ehrlich fan. While I specialize in plain speak these days,…

IT BEGINS: The Very First Class Action Under the New Florida Robocall Bill Has Been Filed–and Its a Doozy

14 Jul 202115 Jul 2021

One day you'll be at trivia night at your local TCPAWorld.com branded pub and be asked this question: What poor company was the first to be sued in a class…

Gross Followed in Missouri!: ATDS Claim Survives Pleadings Stage After Court Deems Facebook Not “Relevant” At Pleadings Stage

14 Jul 202115 Jul 2021

I told you this Gross case was going to hurt. As soon as I read the line: "The newly clarified definition of an ATDS is more relevant to a summary judgment motion…

STAYING BUSY: Two More Webinars for You Ahead of the Palooza

14 Jul 202114 Jul 2021

People are really in a tizzy over the Palooza. Saw some big statements last night on social media to the effect that the show--and it is a show--will be the "biggest compliance…

Don’t Skip a Step: Yes, TCPA Cases Are Removable to Federal Court–But Can They Stay There?

14 Jul 202114 Jul 2021

Any of you who have ever litigated with or against me know that I am a step by step sort of guy. Sometimes tediously so. It is incredibly important to…

AWESOME TCPA WIN!: Court finds Facebook’s “Clear Holding” Requires USE of R&SNG and Not Just Capacity to Qualify as ATDS

13 Jul 202114 Jul 2021

Who doesn't like a good seesaw battle? Just last week we saw two cases that treated Facebook as if it were a non-issue--especially at the pleadings stage. But this morning brings us…

Redemption?: Navient Walks Away With ATDS Win After All

13 Jul 202114 Jul 2021

This Franklin case is such an interesting little wonder. You'll recall that Navient is being sued by a pro per for allegedly using an ATDS to call him without consent. The calls…

Compliance Palooza Buzz Hits Fever Pitch as Keynotes Announced– Plus I Break Down Florida Robocall Bill with CMBA

12 Jul 202113 Jul 2021

So its amazing how much buzz the palooza is getting right now. Searches are way up and its all anyone seems to be talking about right now-seems folks can't wait…

MORE BAD TCPA NEWS: Court Holds “Click and Pause” Allegations Sufficient to State ATDS Claim

9 Jul 202113 Jul 2021

So I just covered the Gross case and I thought that was all the bad news I was going to have for today. Nope. Apparently back in May a court in Texas…

GROSS: Lawyerless TCPA Plaintiff May Have Just Ruined Facebook For Everyone

9 Jul 202112 Jul 2021

We've been comprehensively covering the seesaw application of Facebook at the district court level, so I can confidently state that this is the worst post-Facebook ATDS ruling yet. A court in California…

HUNSTEIN STAY DENIED!: Court Refuses to Stay Hunstein Case Pending En Banc Determination–Withholding of Mandate Immaterial

8 Jul 20219 Jul 2021

So a number of folks have recently discussed the fact that the mandate in Hunstein was withheld, as if it was some sort of indicator that the Eleventh Circuit was likely to…

Compliance Palooza is Just TWO WEEKS Away– Plus TCPAWorld.com Now Has Over 500,000 Hits!

8 Jul 20219 Jul 2021

So at some point last week TCPAWorld exceeded 500,000 hits and I didn't throw a parade or make a bunch of noise about it. That's very unlike me. Just thought…

PERDUE CAMPAIGN TO FCC: DECLARE THAT CERTAIN RINGLESS VOICE MAILS ARE NOT “CALLS” UNDER THE TCPA

7 Jul 20218 Jul 2021

TCPAWorld has previously reported on judicial perspectives of ringless voicemail and the Telephone Consumer Protection Act (“TCPA”) https://tcpaworld.com/2020/04/02/new-argument-rejected-fourth-tcpa-blow-to-ringless-voicemail-may-be-the-most-painful-one-yet/ Now the campaign of former Georgia Senator David Perdue has asked the…

BETTER THAN NOTHING?: Facebook Ruling Saves TCPA Defendant Over $15MM– But Another Quarter Billion is Still Owed on Massive TCPA Judgment

7 Jul 20218 Jul 2021

In case anyone needs a reminder of how dangerous TCPA cases can be, let's recall the story of Rash Curtis. The collector was absolutely crushed by a massive TCPA judgment…

GOOD MORNING TCPAWORLD– A Few Quick Updates (Florida Bill, Compliance Palooza, Other Stuff)

6 Jul 20217 Jul 2021

Heya TCPAWorld. Hope you had a great July 4th weekend. Back to the grind. I am plenty tardy on that second update on the Florida robocall bill and my email…

PETITIONERS URGE ACTION ON EXEMPTIONS RECON FILING

TCPAWorld previously reported on a partial Petition for Reconsideration (Petition) filed in connection with the Federal Communications Commission’s (FCC) December 30, 2020 Report and Order (R&O), which addressed certain consent-related…

Quality Rises: Czarina Named New Co-Chair of Squire’s Vaunted Class Action & Multidistrict Litigation Practice

2 Jul 20216 Jul 2021

Its pretty amazing to be me. I get to be the Czar of a great TCPAWorld, have tons of sophisticated clients who I learn from and am trusted to protect,…

PRICES GO UP TOMORROW!: If You Don’t Already Have Compliance Palooza Tickets, Better Act Fast

30 Jun 20212 Jul 2021

So Rob is texting me telling me that ticket prices for the Palooza are going up tomorrow, which was weird to me because I assumed the event was already sold…

THAT DIDN’T TAKE LONG– DeSantis Signs Mini-TCPA; Bill to Take Effect July 1, 2021

30 Jun 20211 Jul 2021

Well, its official. Governor DeSantis signed the Florida robocall bill yesterday. here's proof: https://www.flgov.com/2021/06/29/governor-ron-desantis-signs-ninety-four-bills/ He signed the bill immediately upon submission--so much for the speculation regarding the long delay by…

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