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Uncategorized

Expect the Expected: Court finds No Insurance Coverage for TCPA Settlement

29 Jan 202031 Jan 2020
Here's a case where a medical lab sends unsolicited faxes to dozens of dentists promoting its sterilization services and gets sued in a class action by one of those dentists…
Class Actions…

Up in Smoke: TCPA Class Action against Cannabis Delivery Company Wacked on Numerosity Grounds

29 Jan 202031 Jan 2020
Sometimes worlds collide. Indeed, these days, the Controlled Substances Act is not the only federal law that may hound cannabis pioneers. Rather, TCPAWorld continues to butt heads with the growing…
Uncategorized

Glasser Leaves Pre-recorded Call Claims and DNC Claims Very Much Alive

29 Jan 202029 Jan 2020
As we broke the news, Glasser held in a 2-1 decision in favor of the Defense, defining an ATDS as: equipment that (1) stores telephone numbers using a random or…
ATDS/Human Intervention…

Glasser Half-Full? Eleventh Circuit’s Huge ATDS Ruling Has Interesting “Willfulness” Twist

28 Jan 202029 Jan 2020
Not to be lost in the Eleventh Circuit’s recent Glasser opinion, brilliantly summarized by the Czar here, is the court’s shorter decision on TCPA liability in the context of “artificial…
Uncategorized

Happy Lunar New Year: Court Can’t Hold Mr. CEO Individually Liable for TCPA Violation Merely Because He Is the Mr. CEO

24 Jan 2020
On this last day of the lunar year of 2019, I am sharing a recent case here, part of which may be favorable for some of you, if you are…
Uncategorized

Evidence Preservation is Not Optional: TCPA Plaintiffs Score Sanctions

24 Jan 202020 Apr 2020
TCPA class actions have a lot of moving parts and there a number of things that a Defendant must keep in mind to properly defend these suits and assure themselves…
TCPA Discovery

TCPA Quick Hitter: Court denies request to bifurcate discovery and compels class-wide discovery.

22 Jan 2020
We’ve said it hundreds of times now—it is absolutely crucial to keep failsafe class definitions and overly broad classes from getting past the pleadings stage in TCPA class actions.  A…
Uncategorized

Big Win: Class Certification and Discovery Preempted

16 Jan 2020
As you may know, you can affirmatively move to deny class certification—you don't need to wait to respond to a Plaintiff’s certification motion.  Not a common tool, but we love…
Uncategorized

Another TCPA Fax Class Certified

15 Jan 2020
Well this feels ancient.  Both because this case is about fax machines, and this was decided pre-SCOTUS agreeing to review the TCPA.  Another TCPA fax class was certified in Retina…
Uncategorized

Illinois District Court Grants Summary Judgment For Lack of Personal Jurisdiction

15 Jan 202015 Jan 2020
In an Illinois district court, one Illinois, and another New Jersey resident filed a TCPA class action against IDT Energy, Inc. in Mackey v. IDT Energy, seeking to represent two…
Uncategorized

Another Case Holding Random or Sequential Number Generation Is Required For An ATDS under the TCPA

14 Jan 202015 Jan 2020
While the world is all watching curiously to see whether the SCOTUS will swing the axe this time at the TCPA's content-specific exemption, a decision yesterday by the Middle District…
Uncategorized

Timing is Everything: Here is the Timetable for the Big SCOTUS TCPA Review and the TRACED Act Roll Out

14 Jan 202015 Jan 2020
The bi-partisan TRACED Act became law last year December 30, 2019, in a pre-SCOTUS’ TCPA review world.  The TRACED Act makes various changes to the TCPA primarily to enhance enforcement,…
Uncategorized

TGIF: SCOTUS Grants Petition to Review Constitutionality of TCPA Provision

10 Jan 202013 Jan 2020
This came in while I was mixing two bags of different flavored tea together in making my afternoon treat (yes, and why not? It’s a Friday afternoon). And I almost…
Uncategorized

$2,400,000 TCPA Settlement Granted Final Approval, $92 to Each Class Member

8 Jan 2020
In 2015, Plaintiff Saber Ahmed filed a class action against HSBC Bank USA, N.A. for violations of the TCPA.  In 2017, another Plaintiff, John Monteleone, joined and a First Amended…
Uncategorized

District Court Stays Action Pending FCC and 11th Circuit Rulings

6 Jan 20207 Jan 2020
For a case that “turns in part on what constitutes an automatic telephone dialing system (“ATDS”) under the TCPA” “to conserve the parties’ and judicial resources” the Honorable Judge Cecilia…
Uncategorized

She Can Infer ATDS Claims, But Her FDCPA-Name Claim Fell Short

6 Jan 2020
A TCPA claim for an ATDS violation cannot be a bare conclusion.  On the other hand, you don't need to plead specific technical detail. Rather, a plaintiff only needs to…
Uncategorized

Plaintiff Slips Arbitration, With Declaration

3 Jan 2020
You can be bound to a contract you don't sign. For example, companies frequently enforce arbitration agreements on non-signatories, if the non-signatory benefited from the contract. How about a situation…
Uncategorized

If You Don’t Answer, You Lose

2 Jan 202022 Mar 2020
My colleague recently covered a serial TCPA plaintiff who won a sizable judgment after the Defendant failed to respond to his Motion for Summary Judgment.  Along the same lines, in…
Uncategorized

You Cannot Nail A Ghost, Especially With Flimsy Allegations

31 Dec 201931 Dec 2019
A Plaintiff tried to pin a company with TCPA liability based on a third party's calls, but the California district judge was not having any of it. In Abante Rooter…
Uncategorized

Federal Jurisdiction Win Sends Defendant’s Repo Action to State Court

30 Dec 201930 Dec 2019
Courts are clogged.  That’s why we, and by we I mean all citizens of TCPAWorld, avoid draining judicial resources with actions that can be consolidated.  Every once in a while…
Congressional Action…

UPDATED: TCPA Czar Joins NPR to Discuss TCPA, TRACED and Why We’ll Never Solve the Robocall Problem Relying on Old/Bad Laws (W/ PICS!)

26 Dec 20197 Jan 2020
It takes a lot to get the Czar out of the world-renown Squire Patton Boggs Podcast Studio 8H, but the chance to appear before a national audience on NPR's On…
ATDS/Human Intervention…

Radio Clash: Czar Joins NPR’s “On Point” Live Christmas Eve at 10 AM Eastern/7 AM Pacific

23 Dec 201922 Mar 2020
For those of you looking for entertainment on your holiday drive, look no further than NPR's live call-in show, "On Point," at 10 AM Eastern/7 AM Pacific. The Czar will…
Uncategorized

That Hurts: Digital Marketer Required to Indemnify Seller in TCPA Suit– Even Though It May not Have Made the Calls at Issue

18 Dec 201919 Dec 2019
Promoters often hire digital marketers to assist them with promotional campaigns.  In today’s day, that often means using a text messaging platform to send out promotional messages for the campaign. …
Uncategorized

Doctor Who? Plaintiff’s Vicarious Liability Claim Against Doctor Dismissed for Lacking Specifics

16 Dec 201916 Dec 2019
A pro se Plaintiff's TCPA complaint was dismissed with prejudice.  Here’s how:  The Plaintiff was getting calls for medical services.  He alleged the callers used an ATDS, and continued despite…
Uncategorized

YIKES: MSJ Granted On “Serial Plaintiff” TCPA Claims- Maybe Defendant Should’ve Taken Case More Seriously Tho

16 Dec 201917 Dec 2019
As plaintiff Shelton filed a summary judgment motion for his claims under both TCPA and Pennsylvania Telemarketer Registration Act (“PTRA”), the court was apparently aware that Shelton had been a…
Uncategorized

Cheaters Never Prosper: FCC Proposes $10MM Fine On Man Who Used His Business Rival’s Phone Number on Spoofed Robocalls

13 Dec 201922 Mar 2020
Last year 47,610 robocalls blew up people's phones in San Diego's coast, 6 days before their election vote for the 76th District.  The robocalls had a pre-recorded politically charged message…
Uncategorized

Czar Rocks The TCPA Summit Earning Huge Praise From Attendees – And Lots Of Selfie Requests

12 Dec 201913 Dec 2019
The annual dnc.com TCPA summit in St. Pete's is always one of the year's biggest TCPA events, and this year was no exception. A packed-house of attendees spent 8 glorious…
Class Actions

Seeking Court’s Approval of Class Settlement? Try Again!

12 Dec 2019
After an initial failure to obtain court’s preliminary approval of class settlement in a total sum of six million dollars, the parties filed another motion seeking approval of settlement in…
Uncategorized

FCC Rules E-Faxes are Outside the TCPA

11 Dec 201911 Dec 2019
Remember how fax machines bleeped; kind of sounded like the internet dial-up tone?  Well, the FCC essentially ruled that unless a fax is sent to a machine that makes that…
Uncategorized

Magistrate Judge Reinhart Flattens Attempts to Broaden Discovery

9 Dec 2019
In Grigorian v. Tixe Realty Servs., Case No: 19-81106-CIV-ROSENBERG/REINHART, 2019 U.S. Dist. LEXIS 206451 *; 2019 WL 63071911, Magistrate Judge Reinhart shut down Plaintiff's requested reconsideration of an earlier ruling…
Uncategorized

First to File Class Action, Not Enough to be Heard First

5 Dec 201920 Feb 2020
Early bird did not get the worm in Pena v. Heath, Case No. 1:18-cv-24407-UU, 2019 U.S. Dist. LEXIS 206006. Two rival TCPA class action Plaintiffs (and Plaintiff firms) jostled at…
Class Actions…

TCPA Class Melts Under Sweltering Scrutiny: Company-Wide Training Policy and Plaintiff’s “Distressing” Ignorance of Her Claim Against Ice Cream Company Defeats Typicality and Adequacy

5 Dec 201912 Dec 2019
Like many chains, Häagen-Dazs operates a Rewards Program where members receive points for their purchases, coupons, and other offers, as well as information regarding their favorite creamery. The Rewards Program…
Uncategorized

Another Surgery on the TCPA by a District Court

4 Dec 2019
Another court holds the TCPA is unconstitutional, but we can keep it kosher by just removing that part.  What? You’re shook. As the newest member of TCPAWorld’s defense team, I…

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