FAST START–TCPA Filings (and Class Actions) Spike to Start the New Year

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Gees, its only Tuesday and there have already been 33 TCPA cases filed thus far in 2021. Of these 18 were putative nationwide class actions.

In times past, 16 filings a day wouldn’t be that unusual, but after AAPC and Facebook TCPA litigation was trending down and we haven’t seen back-to-back double digit filing days in months.

It may just be inventory left over from the holidays or firms trying to position themselves well in 2021 but I wanted to make a note of this strange uptick. Notably virtually all of these cases are ATDS (227(b)) cases– not DNC cases–which means the plaintiff’s bar seems to be betting that Facebook will come out their way in the end.

For the curious, Todd Friedman’s shop and Paronich are dominating the new class filings. Kimmel and Silverman have filed the majority of the individual suits. The suits are also primarily ~80% marketing suits; servicing/collection suits seem to be in decline, although the FCC’s new call limits may change that.

If TCPA filings interest you be sure to check the footer of TCPAWorld.com on the daily as I update filings every day so you can track TCPA trends. Just one more FREE tool we offer here on the web’s best TCPA blog to help you fully understand this wild (TCPA) world of ours.

You can always feel to reach out if you’re interested in learning more from our analytics as we continue our defense and coverage of the TCPAWorld.

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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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