We Did It Again!–Squire Patton Boggs Team Earns Nation’s First Opposed Order Staying TCPA Case Pending Facebook SCOTUS Appeal

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Back in February our team had the honor of earning the nation’s first stay pending the outcome of the Supreme Court’s review of the TCPA in Barr v AAPC. 

Today, it appears, we have backed up that success by earning the nation’s first OPPOSED ruling granting a stay of a TCPA case pending the outcome of the HUGE Facebook SCOTUS appeal.

As before, I have been asked not to specifically identify the case name here, so I won’t, but always happy to discuss privately with anyone interested. Obviously we are most pleased to have contributed this big win to the TCPAWorld defense efforts.

In the meantime there are now a pile of UNOPPOSED rulings staying TCPA cases pending Duguid across the country. Here is a more or less complete list. Use it often and in good health:

  • Bittner v. Franchise World Headquarters LLC et al, No. 3:20-cv-522 D. Conn.
  • Blower v. Portfolio Recovery Associates, LLC, No. 3:19-cv-2270 S.D. Cal.
  • Boger v. Citrix Systems, Inc., No. 8:19-cv-1234 D. Md.
  • Brickman v. Facebook, Inc., No. 3:16-cv-751 N.D. Cal.
  • Cunningham V. Big Think Capital Inc., No. 2:19-cv-638 E.D.N.Y.
  • Forrest Rogers v. Navient Solutions, No. 1:20-cv-276 E.D. VA
  • Grome v. USAA Sav. Bank, No. 4:19-cv-03080-JMG-SMB, 2020 U.S. Dist. LEXIS 123224 (D. Neb. July 14, 2020).
  • Hoagland v. Axos Bank, No. 19-cv-00750-BAS-DEB, 2020 U.S. Dist. LEXIS 132831 (S.D. Cal. July 27, 2020);
  • Hoffman v. Jelly Belly Candy Co., Inc., No. 2:19-cv-01935-JAM-DB, ECF No. 22 (E.D. Cal. July 17, 2020)
  • In re Portfolio Recovery Assocs., No.: 11md02295 JAH-BGS, 2020 U.S. Dist. LEXIS 132312 (S.D. Cal. July 27, 2020)
  • Jones v. Ushealth Group, Inc. et al, No. 2:19-cv-2534 D. Kan.
  • Mizrahi v. Kalamata Research Services, LLC, No. 1:20-cv-666 E.D.N.Y.
  • Rodriguez v. Portfolio Recovery Associates, LLC, No. 3:19-cv-2266 S.D. Cal.
  • Shannon Sensibaugh v. Ef Education First, Inc., No. 2:20-cv-1068 C.D. Cal.
  • Sunil Daniel v. Lennar Corporation, No. 8:19-cv-452 C.D. Cal.
  • Whattoff-Hall v. Portfolio Recovery Assocs., 2020 U.S. Dist. LEXIS 130375 (S.D. Cal. July 23, 2020)

As I have said time and time again now, there is no excuse for failing to move to stay ATDS cases pending Duguid. Do not risk creating bad ATDS case law ahead of the appeal.

 

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Published by Eric J. Troutman

The Czar of TCPAWorld Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems. Eric has built a national litigation practice based upon deep experience, rigorous analysis and extraordinary responsiveness. Eric and his team feel equally at home litigating multibillion dollar telecommunications class actions in federal court as they do developing and executing national litigation strategies for institutions facing an onslaught of individual TCPA matters. They thrive in each of these roles – delivering consistently excellent results – while never losing sight of the client experience. While many firms now tout TCPA expertise, Eric has been there from the beginning. He built one of the country’s first TCPA-only defense teams and began serving as national TCPA counsel for his clients nearly a decade ago. This perspective allows him to swiftly develop the right litigation strategies for dealing with recurring problems, without wasting time on tactics that are bound to fail. Eric’s rich historical perspective and encyclopedic knowledge of the TCPA landscape also make him an invaluable resource to institutional compliance teams struggling to comply with the shifting regulatory landscape. No task is too small – or too big. Indeed, Eric and his team have helped build TCPA-compliant systems and processes for some of the largest and most complex corporate entities in the country. He commonly works with in-house compliance counsel to build and implement enterprise and business-line specific TCPA solutions, performs TCPA audits and drafts and reviews proposed TCPA policies and procedures. He and his team also have the technical expertise necessary to assist call centers seeking to develop TCPA-resistant call path architecture or to modify existing telephony and software integration to better insulate from potential TCPA exposure. Eric has built a reputation for thought leadership. An avid blogger and speaker, he has been at the forefront of the industry’s effort to push for clarity and a return to sanity for the TCPA for years. He was selected to advocate for the financial services industry on important TCPA issues before the Federal Communications Commission and co-authored the nation’s only comprehensive practice guide on TCPA defense. In his spare time, Eric leads defense teams representing banks and other financial services companies in consumer finance litigation matters. He has experience representing clients in UCC, TILA, RESPA FCRA, CCRA, CLRA, FDCPA, RFDCPA and FCCPA claims, as well as in fraud and bank operations issues.

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  1. Pingback: Horton Hears a TCPA Loss: “America’s Largest Homebuilder” Stuck in Robotext Class Suit Arising from Use of CallFire Dialer – TCPAWorld

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