TCPAWorld

CHILD MONITORING AND THE TCPA 101: TCPA University’s Rumored Founder Barton Wins Some and Loses Some As the Fight with SAHA Continues

I hope everyone had a love-filled Valentine’s Day. TCPA World has been rolling blogs off the hot press to keep you updated with the very latest news and with that…

SUPERBOWL CIPA SUNDAY: Does Samsung’s Website Chat Feature Violate CIPA?

Happy CIPA and Super Bowl Sunday TCPA World! So, Samsung is under the spotlight with a new CIPA case brought by a self-proclaimed “tester.” You know like Rosa Parks??…

CMS Comments Are Due on Monday! R.E.A.C.H. Is Already in Contact with CMS

9 Feb 20239 Feb 2023

TCPAWorld, it is getting down to the wire for comments on the proposed CMS Regulations! Comments are DUE BY 5 P.M. ON FEBRUARY 13, 2023. Well, R.E.A.C.H. is already…

ARE YOU AFFECTED BY THE PROPOSED CMS GUIDELINES? If You Purchase Leads, Sell Leads Or Are Involved In Marketing, Then YES!

Hey TCPA World, I wanted to provide some additional insight to the CMS Proposed Rules published in late December 2022. We want to make sure that you understand the implications…

PLAINTIFF WINS TRANSFER OF TCPA AND FTSA CLASS ACTION TO MDFL: USDC EDPA found Venue, Private and Public Interests Weighed in Favor of Transfer Despite Defendant’s Objection

24 Jan 202324 Jan 2023

Greetings TCPA World from sunny South Florida!! Countess, here, with a case out of my home court: United States District Court for the Eastern District of Pennsylvania transferring a TCPA…

EVEN THE PASTOR VIOLATED THE TCPA: USDC EDPA Finds Actual Authority and Personal Jurisdiction because GA Defendant Received a Donation for the Pastor, from a PA Plaintiff

Happy Monday TCPA World! Its Martin Luther King Day! As we honor the late Dr. King, I wanted to share one of his famous quotes: “For when people get…

DEFENSE WIN TO STRIKE CLASS: Class Allegations Facially and Inherently Deficient Due to Unique EBR Defense

Happy Wednesday TCPA World!! Our founders, Eric and Puja, are at Lead Generation World speaking TCPA, REACH and Compliance with our Dame, who is also celebrating her birthday this week.…

FTSA Action Removed to USDC MDFL: New Case may melt Defendant Yankee Candle’s Snow Globe Wonderland

5 Jan 20236 Jan 2023

Happy New Year TCPA World! Looking forward to 2023! Now that the holidays have passed, I have a new case to share with you but first, doesn't Snow Globe…

CMS IS BACK WITH MORE PROPOSED RULES!: Significant “Marketing” Changes Restricting TPMOs from Selling Beneficiary Data, New Disclaimers and Consent Limited to 6 Months!

29 Dec 202230 Dec 2022

To keep in the spirit of giving during this time of the year, CMS shared their new proposed guidelines. Aww, thanks! A few changes set out in only 957 pages.…

HUGE TCPA TRIPLE WIN for Defendant!!! FL Judge Grants Defendant’s Motion to Dismiss and Throws Out TCPA/FTSA Case for Lack of Article III Standing

28 Dec 202228 Dec 2022

Well, this case is a great read. Three defense wins in one Order. Way to end the year! Dare I say, Judge Aileen M. Cannon of the Southern District…

AND ANOTHER ONE! TCPA CLASS DISCOVERY LIMITED: Third Party Subpoena Restricted to National and Internal DNC Complaints ONLY!

Happy hump day TCPA World!! Bringing you a case out of the Western District of Washington limiting discovery again! So, let’s dig in... In Devivo, the Court ruled on Defendant’s Motion…

CLASS DISCOVERY BLOCKED: Court Limits Discovery in TCPA Class Action to Prevent Disclosure of Class Member Identities and Damages Pre-Certification

13 Dec 202213 Dec 2022

Happy Tuesday TCPA World!! An interesting case here ... In Andrew Martin v. Khaylie Hazel Yearning LLC, No. 3:22-CV-176-SA-JMV, 2022 WL 17573424, at *1 (N.D. Miss. Dec. 9, 2022), plaintiff…

Using Counsel’s Email Exchange, NJ District Court finds a “Meeting of the Minds” on Material Terms in Support of a Settlement Agreement, Despite Ambiguity in Other Terms

Happy Monday TCPA World! We are at the TCPA Compliance Summit! If you are here, please stop by and meet us 😊 Quick break here to let you know about an…

DISCOVERY CHASE COMES TO AN END: A FL Court Orders Defendant to Produce Plaintiff’s and Putative Class Members’ Call Records Before Class Certification

1 Dec 20221 Dec 2022

We can all agree that discovery is burdensome especially in TCPA class actions. However, if you are thinking of running a goose chase with opposing counsel, think again! The courts…

“REMOTE OR MINOR COMMERCIAL PURPOSE” IS NOT MARKETING: Eighth Circuit Court of Appeals Decides Major TCPA Fax Case Opening the Door to Broader Faxing

Happy Monday TCPA World! So, the Eighth Circuit Court of Appeals affirmed the District Court’s decision in BPP v. CaremarkPCS Health, L.L.C. granting Defendants’ Motion for Summary Judgment. BPP v. CaremarkPCS…

Class Actions…

Beware Doe Defendants: Plaintiff Champion Wins Ex Parte Motion for Discovery to Subpoena Phone Carriers, Sellers, Brokers and more!

TCPA World, Countess here sharing an interesting case out of the District Court of D.C. The Court granted Plaintiff's expedited discovery request "finding that it is relevant to Plaintiff's claims and for some…

MASSIVE TCPA WIN: Presidential Candidate Sued in TCPA Suit WINS Huge Discovery Ruling Compelling Plaintiff to Produce Phone Records and Browser History

31 Oct 202231 Oct 2022

TCPA World, very excited to join the incredible talent at the Troutman Firm. I am looking forward to building our Florida office and defense for our current and future clients…

A STRANGE KIND OF CASE: GA District Court Orders Plaintiff To Submit Evidence Substantiating Claims Of Actual Damages Before Ruling On Default Judgment

22 Aug 202222 Aug 2022

Good morning TCPA World and happy Monday. Well we are starting the week with a strange case that recently popped up out of the Northern District of Georgia. The case…

The Infamous Perrong Strikes Again: Repeat TCPA Litigator Andrew Perrong Deploys TCPA Class Action Against a Construction Company

18 Aug 202218 Aug 2022

Good morning TCPA World, I wasn’t surprised when I woke up and saw Mr. Perrong’s name pop up on the docket. Yes, the title of this post kind of gave…

MULTI-MILLION DOLLAR DEMAND IN NEW YORK TCPA SUIT: Lumico Life Insurance Hit With A Big One

11 Aug 202211 Aug 2022

Good morning TCPA World, it's been almost a week since I gave you guys a blog so I figured I would give a brief run down on a new TCPA…

NO DO-OVERS FOR YOU: District Court in North Carolina Denies Substitute Counsel’s Motion to Bifurcate Discovery

5 Aug 20225 Aug 2022

Happy Friday TCPA World. Today we have an interesting decision coming out of the Eastern District of North Carolina, titled Silva v. Connected Investors, INC. Not only are the circumstances…

ANOTHER ONE: Allstate Hit With Another TCPA Suit

Good afternoon and happy Monday TCPA World, you guys have already gotten a couple of posts today, but I'm here to end your day with a short blog about a…

CONCLUSORY ALLEGATIONS AIN’T GOING TO CUT IT: Texas Court Grants Defendant’s Motion to Dismiss

Happy Friday TCPA World, Count Kay here with a brief post to ease you into the weekend. Our team sees TCPA complaints every single day, and they all have the…

ELEVENTH CIRCUIT COURT OF APPEALS PULLS THE RUG OUT OF TCPA SETTLEMENT

27 Jul 202211 Aug 2022

Good afternoon TCPA World. For those of you that read my last post, you know that I have been on the hunt for an interesting/juicy TCPA case. Well, today it…

Officer/Director Liability

PERSONAL LIABILITY: TCPA Case Asserting Personal Liability Lands on Today’s Docket

25 Jul 20225 Sep 2022

Plaintiff's lawyer explains when they will sue someone personally. For more great content be sure to follow our INCREDIBLE YouTube channel! Good afternoon TCPA World, as many of our loyal…

FCC CLAMPING DOWN: AUTO WARRANTY ROBOCALL CONGLOMERATE PUT ON BLAST (AGAIN) BY FCC

22 Jul 202222 Jul 2022

Happy Friday TCPA World, interesting announcement out of the FCC today with respect to its recent push to mitigate the volume of auto warranty robocalls. Here's everything you need to…

ATTENTION ALL VISUAL LEARNERS: Breakdown of New Bill Introduced to Congress that would Amend TCPA

15 Jul 202217 Jul 2022

Hey all, Count Kay here to provide a follow up on the Czar's post this morning. To briefly recap, a bill called the Robotex Spam Prevention Act was introduced to…

THE OLE SWITCH-A-ROO: TCPA POWER LAWYER LANDS A JUICY CASE

12 Jul 202212 Jul 2022

Back-to-back posts TCPA World, you have to love it (the facts alleged in this case are too juicy not to talk about though). Let’s break down what Plaintiff claims is…

FTSA FLOOD CONTINUES: Shutterfly Sued for Alleged Auto-Generated Texts

How's it going TCPA World, Count Kay here wishing you all a happy Monday! Today we have another class-action under the Florida Telephone Solicitation Act (FTSA) to discuss - SHOCKER!…

GOOD HANDS?: Allstate Faces Massive Exposure After Telemarketing Vendor Hired By Agents (Allegedly) Failed to Scrub Against Corporate DNC List

30 Jun 20225 Jul 2022

Hello TCPA World, I couldn’t think of a better way to get the ball rolling here than to build off of a previous post made by the one and only…

NO GOLD STAR HERE: Federal Court Denies Class Certification Based on Atypicality

A fairly great win out of the Central District of California with Bustillos v. W. Covina Corporate Fitness, Case No.: 2:21-cv-04433-SB-AFM. As a quick background, a former gym member whose…

Nope! The COVID-19 Emergency Exception Applies. Texas Judge Recommends Dismissal of Single-Text TCPA Claim

8 Mar 20228 Mar 2022

On October 20, 2021, the Tarrant County Hospital District texted a man in Richardson, Texas that “everyone ages 12 and up is eligible for the COVID vaccine.” Because the man…

FTSA IN DETAIL: What’s Going On With Florida’s Proposed Amendments to the Mini-TCPA?

22 Feb 202222 Feb 2022

TCPAWorld has been extensively covering developments with the Florida Telephone Solicitation Act (“FTSA”), or the mini-TCPA for calls in the Sunshine State. As a quick recap, two separate bills in…

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