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Author: Brent Owen

Brent Owen is a Senior Associate with Squire Patton Boggs. He represents companies, entrepreneurs, and individuals in high-stakes litigation, including TCPA claims, internal corporate disputes, and class actions. Brent's college experience as a full-scholarship Division I athlete allows him to appreciate the value of consistent hard work in achieving a favorable result. His experience includes trials in both state and federal courts before judges and juries, and as lead attorney prosecuting appeals to the Colorado Supreme Court, the Tenth Circuit, and the Seventh Circuit. He has successfully negotiated several pre-suit TCPA settlements, helping clients avoid expensive litigation through diligent and thoughtful negotiations.
Arbitration…

Partial Win for Company Facing Nationwide ATDS Class Action: Court cannot Exercise Personal Jurisdiction Over Out-of-State Named Plaintiffs, but Arbitration Clause “Unconscionable” and ATDS Allegations Sufficient

2 Mar 2021
Facing a nationwide TCPA class action for calls allegedly made using an ATDS, DirecTV sought partial dismissal on multiple grounds:  (1) the lack of personal jurisdiction over certain named plaintiffs;…
ATDS/Predictive Dialer Cases

No Summary Judgment on ATDS Allegations, Despite Glasser

16 Feb 202116 Feb 2021
As we've covered extensively, the Eleventh Circuit's ruling in Glasser provided a helpful victory for TCPA defendants facing ATDS claims.  The decision holds that the TCPA only applies to ATDS…
TCPA Discovery

TCPA Win! Calls made more than four years before case filed dismissed as untimely

8 Feb 2021
Today we report on a defense victory against a pro se TCPA plaintiff in Kentucky.  See Miller v. I.C. Sys., No. 1:19-CV-00102-GNS-HBB, 2021 U.S. Dist. LEXIS 214012 (D. Ken. Feb. 4,…
TCPA Discovery

Procedural Win! Another Court Bifurcates Discovery in a TCPA Class Action

22 Jan 2021
How best to secure the "just, speedy, and inexpensive determination of every action"?  A good place to start is with discovery. A recent decision from a District Court in Maryland…
Vicarious Liability

TCPA Quick Hitter: Contract Requiring TCPA Compliance Not Enough to Escape TCPA Liability

16 Jan 202116 Jan 2021
"Do as I say, not as I do."  It doesn't work.  That's true for a recent TCPA decision denying a defendant's motion for summary judgment.  See Williams v. Pillpack LLC,…
FCC Action…

District Court in the Ninth Circuit Holds That Bureau-Level Decision Is Binding, Contradicting Fourth Circuit’s Decision on Remand in PDR

10 Jan 202110 Jan 2021
A Christmas Eve decision from the Northern District of California addressed an important and recurring issue in the TCPAWorld: Whether the Hobbs Act requires a district court to accept the…
ATDS/Predictive Dialer Cases…

Trouble in New Mexico for a Company and Its Officer

21 Dec 2020
In a decision with several important takeaways, the United States District Court for the District of New Mexico refused to dismiss a lawsuit filed by Robert Mestas against CHW Group…
Class Actions

Michigan Court Refuses to Dismiss Fax Case on Pleadings Despite Agreeing that Fax Did not Describe Anything “Bought or Sold”

2 Dec 2020
The TCPA only prohibits "advertisements" sent using a fax machine.  So if a fax is not an advertisement, there is no liability. Simple, right? Not always.  In a nuanced and…
Uncategorized

HUGE PENALTY FOR ILLEGAL SPOOFING: FCC Hits California Telemarketer with almost $10 Million Fine Over Spoofed Political Ad in California Primary

21 Nov 202024 Nov 2020
The election is over.  The fallout from the last one isn’t. The FCC recently issued a nearly $10,000,000 fine against San Diego telemarketer Kenneth Moser, dba Marketing Support Systems.  In…
TCPA Discovery

Undue Burden! Another Court Denies Motion to Compel Burdensome Production

30 Oct 2020
As we've covered , discovery in TCPA cases requires a careful, thoughtful approach.  That is true for Plaintiffs too, as  counsel for Ronald Chinitz recently learned. See Chinitz v. Realogy…
TCPA Discovery

Sanctions for Spoliation in Nevada

28 Oct 2020
If you are not careful to preserve and obtain responsive documents, TCPA litigation can quickly devolve into a (losing) discovery battle.  In Perrong v. Sperian Energy Corp., the Defendant, ECG,…
Class Actions…

Ignoring TCPA Class Action is a BAD Strategy

6 Oct 20206 Oct 2020
We get it. TCPA class actions cause headaches, or worse. Courts agree. The Eleventh Circuit recently described the in terrorem character of the TCPA class action, observing the "pressure to…
TCPA Discovery…

“Preliminary Peek” Reveals Probable Jurisdiction Over Nebraska and Utah Defendants in Nevada, and so No Stay in Real Estate Lead Generator Case

27 Sep 2020
Particularly in the TCPA context, properly managing discovery is critical. A TCPA defendant will often seek and obtain a stay pending the court's resolution of a dispositive motion. The United…
FCC Action

FCC Bureau Rejects “Strict Liability” Regime for Fax Advertisements

23 Sep 202024 Sep 2020
The TCPA prohibits any person from sending an unsolicited advertisement to a telephone facsimile machine.  The Commission's rules define "sender" as "the person or entity on whose behalf a facsimile…
ATDS/Human Intervention…

Trial Court Fails to Provide a Written Opinion, Second Circuit Upholds Dismissal of TCPA Claim Anyway

21 Sep 2020
Normally a party denied his day in court receives a written opinion explaining why his claim fails. Not so for Mr. Todd Bank, an attorney proceeding pro se on a…
Arbitration

Troubling Trend, Another Court Declines to Enforce Arbitration Clause

17 Sep 202017 Sep 2020
As we've covered, courts sometimes decline to enforce arbitration clauses despite federal public policy favoring arbitration. The United States District Court for the Middle District of Florida recently continued this…
Arbitration…

Despite Agreement, No Arbitration! Hawaii District Court Declines to Enforce Arbitration Clause Against Non-Party Debt Collector

9 Sep 2020
For nearly a century, federal law has favored arbitration where the parties agree to it. This rule typically extends to a "nonsignatory" who does not sign the contract but who…
Class Actions…

“Threadbare Allegations” not Enough to Prosecute a TCPA Claim

1 Sep 2020
Pleading a TCPA claim is usually not the tricky part for a plaintiff, and courts normally do not dismiss TCPA lawsuits on the pleadings alone. But a recent decision provides…
Uncategorized

Standing Argument Focusing On Who Paid for the Cell Phone Fails, Again

12 Aug 2020
In Vargas v. Vehicle Sols. Corp., defendant-lender argued that because the plaintiff, Ms. Vargas, did not pay for the cell phone the lender called, she lacked standing.  Like virtually every…
Uncategorized

Threadbare ATDS Allegations Not Enough–Even in the Second Circuit

15 Jul 2020
As we have covered , the Second Circuit in Duran v. La Boom concluded that the Telephone Consumer Protection Act ("TCPA") applies to any system that calls or texts automatically…
Uncategorized

No Jurisdiction or Claims Against Company and Corporate Officer for Alleged TCPA Violations

29 Jun 2020
A ruling in Barr is expected any day now.  Meanwhile, defendants continue to notch meaningful wins against poorly plead TCPA claims. Last week in Kline v. Advanced Insurance Underwriters, LLP, the…
Uncategorized

Suing Spouse For TCPA Indemnity Falls Flat

18 Jun 202018 Jun 2020
Testing the limits of TCPA indemnity, a defendant recently attempted to make an indemnity claim against the plaintiff's husband for the defendant's alleged TCPA violations.  The Court used the opportunity…
Uncategorized

Wrong Court: Due process protects out-of-state companies from Wisconsin man’s TCPA class action filed in California

28 May 20209 Jun 2020
In a world full of aggressive and creative TCPA-plaintiffs (and their lawyers), businesses can take some comfort in bedrock American legal principles--like due process. The United States Constitution shields an…
Uncategorized

Not Exactly Even–TCPA Defendant Recovers a Little over $1,000 in Costs After Defeating Years-Long Nationwide TCPA Class Action

13 May 202015 May 2020
A TCPA defendant faces the prospect of a nationwide class action of thousands of individuals seeking to recover (collectively) millions of dollars in statutory fines, attorneys' fees, and interest.  To…
Uncategorized

Give the details! Court strikes “threadbare” affirmative defense

16 Apr 202017 Apr 2020
On Tuesday in McGinity v. USAA Fed. Sav. Bank, No. 5:19-cv-560-BO, 2020 U.S. Dist. LEXIS 65133 (E.D. N.C. April 14, 2020), a North Carolina district court struck a defendant's mitigation…
Uncategorized

TCPA Loss Leads to Trouble for Lawyer: Federal Judge Sanctions Counsel for Missing Deadlines, Dishonesty

31 Mar 202031 Mar 2020
Occasional TCPA defense lawyer Joshua Thomas recently received an expensive sanction and public reprimand from a United States District Judge in Pennsylvania.  Without explanation or reason, Mr. Thomas failed to file his clients' corporate…
Uncategorized

Consumer cannot avoid arbitration by suing "DOE" Defendants

24 Mar 2020
Last week in Gonzales v. Credit One Bank, N.A., No. 19-cv-00733-DAD-BAM, 2020 U.S. Dist. LEXIS 46236 (E.D. Cal. March 17, 2020), the court compelled arbitration of a plaintiff's TCPA lawsuit…

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About TCPAWorld

TCPAworld.com isn’t just a blog, its a lifestyle obsession for those that eat, sleep, and breathe the TCPA like we do.

We’ll break all the TCPA news–usually before anyone else does–with witty and informative articles that break the mold of stuffy law firm analysis. Yet the analysis you’ll find will always be dead on and steeped in our decades of combined TCPA defense experience.

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Contact: eric.troutman@squirepb.com

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