TCPA MIDYEAR REVIEW: Here are the 10 BIGGEST TCPA Stories from the First Half of 2022

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Weird to think that we’re now closer to 2023 than we are to the start of 2022. Time certainly flies!

So as I do every year I wanted to pause mid-way through 2022 and provide a quick breakdown of the big TCPA stories of the year so far. Below is a list of the most READ stories on TCPAWorld.com–that’s how you know they’re critical to keep in mind.

Also those of you attending the summit in two weeks will be the VERY FIRST to obtain a copy of the Troutman Firm’s 2022 TCPA Field Guide, presented by Drips.

This thing is magnificent. Hundreds of cases broken down. It is actually my biggest annual review yet!

Those of you who have received my past reviews know just how critical these things are. I review all the biggest cases and break them down by category. It is an absolutely critical tool for anyone trying to assure TCPA compliance or litigate in he dangerous TCPAWorld.

Big thank you to all of our Sponsors (and especially Drips)!

But moving past the field guide, here are the TOP TEN biggest TCPA stories of the year so far. (Click the underlined text to read the article):

10. The Plaintiff’s bar has switched tactics to leverage Berman and attack lead generators. Quinn Street was the first target. They won’t be the last.

9. The Ninth Circuit Court of Appeals holds that using Active Prospect to track TCPA consent constitutes wiretapping. A California CIPA claim for wiretapping carries a $2,500.00 minimum damage award. So this is a big deal for TCPAWorld, even though it is absurd.

8. Speaking of the Ninth Circuit Court of Appeals it also massively raised the bar for online consent and arbitration disclosures. The Berman case may end up being the most significant case of the year for folks relying on webform submisisons as part of their business. It also raises the need for clear standards for online leads.

Czar Discusses HUGE Impact of Berman Ruling. For more GREAT content follow our INCREDIBLE You Tube Channel!

7. In amongst all the “hard” TCPA news–the BIGGEST legal announcement of all time: The creation of the Troutman Firm. What an incredible rocket ship this thing has been. As enterprises are leaping to get away from BigLaw and its needless waste and expense the Troutman Firm is absorbing huge market share right now. It is simply incredible how much we’ve been able to accomplish in so short a timeframe (and of course the Baroness has a ton to do with that!) Simply incredible. (Still hiring, BTW).

The Troutman Firm is UNLEASHED…

6. The FCC announces the potential for its LARGEST FINE EVER and it has everything to do with the TCPA. No further commentary needed on that one.

5. Then there was that time a magistrate judge in Massachusetts tried to invalidate 99% of online webforms with a really odd E-Sign Act ruling…

4. Now some GOOD news on this list– that SPECTACULAR win against Nathan Barton. You know the one where he had to pay $40k in fees for apparently manufacturing a lawsuit. (He moved for reconsideration on that one, BTW. More to come.)

3. Citibank faces absolutely crushing TCPA exposure (over $1BB it looks like) related to wrong number calls on its credit card business line. The Court certified the case and this is going to end up either a massive settlement or the biggest TCPA trial of all time. More to come.

2. Some how Sean Kay waltzes in here and writes what has already become the second best read story of 2022. His update on the Allstate disaster–you know the story of Allstate having to produce its entire internal DNC list to class counsel–has received absolutely MASSIVE attention since he posted it just last week. He’s obviously a special guy. And I attract special talent.

  1. And the number one best read story of the year–no surprise here: my wildly popular POWER RANKINGS of all the best Plaintiffs lawyers in the TCPAWorld. Absolutely huge readership on that piece. And why not? Who better to help you assess he danger posed by a putative TCPA class action than the Czar himself. I’ll be honest–I definitely tweaked some folks with this one.

(Just wait until my Defense side Power Rankings come out later this year…)

Hope you enjoyed our mid-year review. Looking forward to seeing everyone at the Summit as well! 

 

 

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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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