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Author: Danielle Cuevas

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ARE YOU IN GOOD HANDS? Allstate Stands Victorious Against Vicarious Liability Claims

26 Jun 202626 Jun 2026
Hey TCPAWorld! Check this out. The Seventh Circuit recently issued an opinion in Hossfeld v. Allstate Ins. Co., Nos. 25-1518 & 25-1672, 2026 WL 1815908 (7th Cir. June 24, 2026),…
FCC Action…

FCC March 2026 Open Meeting: What You Need to Know About Call Centers and Robocalls

26 Mar 2026
The FCC held its March 2026 Open Meeting on March 26, and the first two items on the agenda matter to anyone who works in telemarketing, call centers, or customer…
ATDS/Predictive Dialer Cases…

Happening Now! – FCC March 2026 Open Commission Meeting

26 Mar 2026
The FCC is conducting its March 2026 Open Commission Meeting.  It's free to attend. https://www.fcc.gov/live Stay tuned for a summary of what was discussed.  Troutman Amin will provide you with…
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CROSSING THE LINE: Plaintiff Voluntarily Dismissed a Complaint That Should Never Have Existed.

12 Dec 2025
Hey TCPAWorld! Not long ago, a notably curious Plaintiff, Thomas Samataro, ("Plaintiff") filed a TCPA suit against none other than The American National Red Cross ("Red Cross"). Wondering how things…
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NEEDLE DEE: Major Bank Faces **$17BB** in TCPA Damages in Certified Class Action.

4 Dec 2025
Hey TCPAWorld! Those of you wise enough to follow the Czar will remember a blog about Federal Savings Bank being sued for $3.3 billion. Here's the blog to refresh your…
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December Declutter: FCC Seeks Comment on Dismissing Dormant TCPA Petitions

3 Dec 20257 Jul 2026
The FCC has set a deadline of January 12, 2026 for objections to its dismissal of a series of older TCPA-related Petitions for Reconsideration and Applications for Review as identified in its…
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RESPECT OR DEFERENCE?: District Court Finds that Text Messages Are Calls Under the TCPA, Without Looking at the Definition of “Call”

25 Nov 2025
The Telephone Consumer Protection Act (“TCPA”) is far from the first statute to regulate something that did not exist at time of its enaction. The Federal Wiretap Act was enacted…
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FAX MATTER: Court Finds Common Sense Is Not So Common In Recent TCPA Fax Advertising Decision.

28 Oct 2025
Hey TCPAWorld! When faced with a TCPA claim, the Ninth Circuit “approach[es] the problem with a measure of common sense.” Chesbro v. Best Buy Stores, L.P., 705 F.3d 913, 918…
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FOURTH CIRCUIT DISTRICT COURT: Wireless Numbers Are Residential and Post-Violation Invitations May Be Irrelevant.

3 Sep 20253 Sep 2025
Hey TCPAWorld! The Fourth Circuit generally assumes that the TCPA extends to wireless numbers. In Newman v. SGMS, Inc. and DeMayo Law Offices, LLP, No. 3:25-CV-00042-KDB-SCR, 2025 WL 2524131 (W.D.N.C. Sep.…
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Easy Dobronski Win: Court Recalculates Higher Damages and Grants Default

27 Aug 20257 Jul 2026
In his latest win, Mark Dobronski filed suit against George Magana Younghorse, doing business as Signzdirect, claiming 19 unsolicited fax advertisements violated both the Telephone Consumer Protection Act (TCPA) and…
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Still Faxing in 2025? Court Says Unsolicited Healthcare Fax May Violate the TCPA

12 Aug 20257 Jul 2026
Let’s talk about fax machines for a second. Yes, fax machines. In 2025. Apparently, they’re still alive and beeping—especially in the healthcare industry. By way of background, Plaintiff operates a…
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MIXED MESSAGES: Defendants Discover Informational Texts May Qualify As Solicitations.

6 Aug 2025
Hey TCPAWorld! Informational texts may qualify as solicitations—the two are not mutually exclusive. In Germain v. Mario’s Air Conditioning & Heating, Inc., No. 8:23-cv-671-TPB-CPT, 2025 WL 2229885 (M.D. Fla. Aug. 5,…
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HE DOESN’T EVEN LIVE HERE: Judge Transfers Case to Jurisdiction Sought by Neither Party

17 Jul 2025
With the volume of lawsuits filed by plaintiffs under the Telephone Consumer Protection Act, every federal jurisdiction gets its share of cases. It can seem like counsel for plaintiffs deliberately…
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STIR(red) and SHAKEN: How McLaughlin is Changing TCPA and TRACED Act Enforcement

26 Jun 2025
Well, well, well—McLaughlin Chiropractic v. McKesson has truly stirred up the legal landscape—or better yet, shaken an imbalanced tower of FCC interpretations and court splits surrounding one of the most…
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A SHARP DISSENT: A Review Of The Dissent’s Take On The Supreme Court’s Ruling In McLaughlin.

26 Jun 2025
Let’s Get You Up To Speed In McLaughlin Chiropractic Assocs., Inc. v. McKesson Corp., No. 23-1226, 2025 WL 1716136 (U.S. June 20, 2025), the Supreme Court determined that the Hobbs…
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NOT YOUR PRODUCT, STILL YOUR PROBLEM: Sixth Circuit Finds Faxes Can Be Ads—Even If They Don’t Promote Sender’s Products

17 Jun 2025
Hey TCPAWorld! The fact that a sender is not promoting its own products when distributing a fax does not insulate it from liability under the TCPA. In Lyngaas v. United…
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MISSING LINK: Court Dismisses Plaintiff’s Claim Due to Omission of Crucial Allegations

3 Jun 2025
One of the basis principals of a lawsuit, which many plaintiffs seem to forget, is that the defendant being sued must be liable for the conduct alleged in the lawsuit.…
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GET YOUR FAX STRAIGHT: Court Grants Class Certification In TCPA Fax Blast Case

30 May 202530 May 2025
Hey TCPAWorld! Litigation is a pursuit of the truth, and the truth has a way of resurfacing—often from the same hands that tried to bury it. In Loop Spine & Sports…
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Quiet Hours Violation: Dick’s Sporting Goods Allegedly Caught Off Guard Over After-Hours Texts

9 May 20257 Jul 2026
Hey TCPAWorld, Its heating up in South Florida and I am not talking about our sunny weather. Late-night marketing texts are fueling serious litigation, and this time, Dick’s Sporting Goods…
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NO LINK, NO LIABILITY: Court Dismisses Vicarious Liability Allegations.

23 Apr 2025
Hey TCPAWorld! Vicarious liability demands more than a loose business association between entities. In Gonzalez v. Savings Bank Mutual Life Ins. Co. of Mass., No. EP-24-CV-00289-DB, 2025 WL 1145266 (W.D. Tex.…
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Opthamalogy Group Cannot Turn Blind Eye to TCPA Requirements

10 Apr 2025
The “healthcare exemption” to the TCPA’s consent requirements is one of the more misunderstood parts of the TCPA.  And a recent case in North Carolina just gave a lesson to…
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We aren’t in Kansas Anymore – Dr. Oz confirmed as head of CMS

4 Apr 2025
Well, maybe they held off until after Medicarians, but the Senate has confirmed Dr. Mehmet Oz as the new head of the Center for Medicare and Medicaid Services (CMS). Dr.…
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DEFENSE WIN: Court Dismisses TCPA Class Action – Recruitment Calls Are Not “Telephone Solicitations”

3 Apr 20257 Jul 2026
Hey TCPAWorld! TCPA litigation is on the rise, with plaintiffs' attorneys often trying to target companies that aren’t actually engaged in telemarketing. But not this time, the Court got it…
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Alternative Paths: Court Denies Motion to Dismiss Quiet Hours Provision Claim

2 Apr 2025
Many lawsuits in the past few months have claimed violations of 47 C.F.R. § 64.1200(c)(1) and 47 U.S.C. § 227(c)(2) (the “Quiet Hours Provision”) of the TCPA. Previously, the Quiet…
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A TALE OF TWO REJECTED MOTIONS: Court Denies Plaintiff’s Motion for Leave to Amend and Defendant’s Motion to Compel.

28 Mar 2025
Hey, TCPAWorld! Be timely. Don’t skip procedural steps. And always bring receipts. In SHANAHAN v. MFS SUPPLY LLC, No. 8:23CV475, 2025 WL 885265 (D. Neb. Mar. 21, 2025), both Terrence…
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Bye Bye Home Buyers? – Proposed Legislation Might Make Home Buyers’ Jobs Harder

13 Mar 2025
One area that we have seen multiple times in TCPAWorld is complaints against parties offering to buy a consumers home. Well, we have spotted an interesting trend in some state…
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Speed Bump: CPPA Pulls Over Honda for Privacy Practices

12 Mar 2025
It’s no surprise that the California Privacy Protection Agency (“CPPA”) has been active.  They are making a strong case for being the most active state agency in the privacy arena.…
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COMPLAINTS ABOUT COMPLAINTS: Defendant Granted Leniency from Burdensome Discovery Production

12 Mar 2025
Discovery disputes are a big part of TCPA cases and, practically speaking, it can be exceptionally difficult for defendants to produce all documents requested by TCPA plaintiffs… for several reasons.…
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Even With FCC 1:1 Gone, the CMS 1:1 Rule is Still Standing

11 Mar 2025
Obviously, a lot going on in the lead gen space over the last six weeks.  The biggest change of all is the FCC’s one-to-one rule being vacated.  The pivot the…
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BREAKING: Rocket to Acquire Redfin for $1.75 Billion!

10 Mar 202510 Mar 2025
In very big news today, the Rocket Companies announce plans to acquire real estate brokerage giant Redfin for $1.75 billion of equity value. While this is obviously huge news in…
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IT WAS A MATTER OF TIME: Another Company Allegedly Violated TCPA Time Restrictions.

10 Mar 2025
Hey TCPAWorld! What do Troutman Amin and Bruno Mars have in common? You’re about to find out. But first, businesses must avoid sending solicitations before 8 a.m. or after 9…
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RUDE AWAKENING: Wellness Company Allegedly Sends 5:00 A.M. Texts To Consumers Without Consent.

27 Feb 2025
Hey TCPAWorld! Imagine. It's 5:00 a.m. The world is still. The kettle whistles before the aroma of freshly brewed coffee seizes the air. Your peace is impenetrable--or so you think.…
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NO LOGS FOR YOU: Court Declines to Require Privilege Log for Withheld Communications.

24 Feb 2025
I have a fascinating tidbit from a TCPA discovery dispute. In a recent decision on a motion to compel, a defendant was not required to produce purported communications between its…

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