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Author: Danielle Cuevas

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GIFTED DISMISSAL: Judge Dismisses TCPA Claim Based on Argument Made by the Plaintiff

17 Feb 2025
I have an interesting update regarding Mark Dobronski, an individual who has put himself on the plaintiff-end of numerous TCPA lawsuits. On a motion for summary judgment, he recently saw…
Uncategorized

LOVE TO LITIGATE: Serial Plaintiff Brings Another TCPA Complaint.

14 Feb 202514 Feb 2025
Hey TCPAWorld! Roses are red. Violets are blue. Here comes Salaiz bringing another TCPA suit. This Valentine’s Day, we’re covering a complaint filed against PEOPLE’S LEGAL GROUP INC., a Wyoming-based…
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New Direct Mail Laws: California, Here We Come

12 Feb 2025
With the all the preparation around 1:1 consent, a lot of marketers planned on moving away from telephone solicitations to direct mail assuming it was a safer choice with less…
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Disappearing CFPB? What’s happened and what’s next

10 Feb 2025
These are interesting times we live in. During the transition period between Trump’s election and inauguration, Elon Musk stated that the there were “too many duplicative regulatory agencies” and he…
Uncategorized

BANKING HEADACHES: Plaintiff Challenges Debt Collections Under TCPA ATDS Provisions

28 Jan 202528 Jan 2025
Hi Folks! We just saw an interesting complaint filed, where the plaintiff claims he revoked his consent to be contacted by a debt collector. Generally, debt-collection-related TCPA lawsuits are at…
Uncategorized

SOLE CRUSHING: Shoe Company Hit With TCPA Complaint.

28 Jan 2025
Hey TCPAWorld! It’s been several days and I’m still shell-shocked from one-to-one consent being stayed by the FCC. In some parallel universe, the rule goes into effect and the 11th…
Class Actions

TOO EARLY FOR TICKETS: Another Plaintiff Alleging TCPA Violation in Uncharted Territory

23 Jan 2025
Hi folks! A couple weeks back, we saw a lawsuit filed in the Northern District of California alleging a TCPA violation due to the times telemarketing messages were sent. The…
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D’ART OF WAR: Family Favorite Food Supplier Prepares For TCPA Battle.

15 Jan 202515 Jan 2025
Hey TCPAWorld! Things are heating up as we’re less than two weeks away from one-to-one consent starting January 27, 2025. If your business engages in telemarketing or relies on leads,…
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Sleeping Defendant: Plaintiff Secures Win for Class Certification and Damages Discovery

14 Jan 2025
Hey TCPAWorld! Bringing you a quick (painful and avoidable) ruling out of the Middle District of Florida in Ownby v. United 1st Lending, LLC., 2025 WL 81344 (M.D. Fla, Jan.…
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IT’S PAST THAT TIME: Mixtiles Sued for Violating Time Zone Specific Provisions of the TCPA

6 Jan 2025
Hi TCPAWorld! My name is Maxwell and I am a new associate here at Troutman Amin. I am looking forward to sharing some TCPA news with you all. Coming out…
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ACCORD-ING TO PLAINTIFF: Honda Dealer Violates TCPA.

3 Jan 2025
Hey TCPAWorld! Stop dragging your wheels and process your DNC requests! In TAYLOR v. BONIFACE-HIERS CYCLES INC. D/B/A HONDA OF MELBOURNE, No. 6:25-CV-00005-PGB-LHP, (M.D. Flo. Jan. 1, 2025), Taylor (“Plaintiff”) alleges…
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HOME A’LOAN: Mortgage Company Sued for Violating DNCR Provisions.

27 Dec 202427 Dec 2024
Hey TCPAWorld!   It's the holiday season. At Troutman Amin, we encourage you to check the National Do-Not-Call Registry ("DNCR") and check it twice. TCPA lawsuits are comin' to town!…
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FCC Publishes 1:1 Consent FAQs

26 Dec 2024
Just a quick update here on the FCC and 1:1 consent rule during this holiday season. The FCC is moving full steam ahead on a January 27, 2025 effective date…
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“Don’t you have to look at what the statute says?” – IMC’s Oral Arguments

18 Dec 2024
As we noted earlier on TCPAWorld, the IMC odds against the FCC might be better than initially thought due to the panel of judges from the Eleventh Circuit hearing the…
Uncategorized

UNCUT JAMS: Jewelry Company Sends 22 Text Messages After STOP Request!

13 Dec 202413 Dec 2024
Hey TCPAWorld! Another day, another gem. As you folks know, we all have the ability to consent or opt-in to receive calls and text messages. But we also have the…
Uncategorized

CAVITIES AND COMPLAINTS: Dentistry Office Caught in TCPA Suit.

6 Dec 2024
Hey TCPAWorld! I’m Steven, the newest Associate Attorney at Troutman Amin, LLP. I’ll be sharing weekly insights on the latest developments in the TCPA world for businesses and legal professionals…
Uncategorized

This Just Got Interesting…. — The IMC case in the Eleventh Circuit

6 Dec 2024
Does the Insurance Marketing Coalition’s case in the Eleventh Circuit have more than a snowball’s chance in hell? Maybe…. The IMC case against the FCC has oral arguments in front…
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DATA BROKERS: National Security Threat???

3 Dec 2024
It’s clear that data brokers are the new primary target for regulators. We recently highlighted the California rule which increased the registration fee for data brokers from $400 to $6,600…
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FTC’s Negative Option Rule Adds Some New Wrinkles

6 Nov 2024
The Federal Trade Commission recently released their Final Rule updating the Negative Option Rule.   And the Final Rule has some important changes that will affect many businesses.   The Negative…
Uncategorized

It’s Official: TSR Recordkeeping Rules are Effective Today

15 Oct 202415 Oct 2024
It’s October 15th, and fall is officially here.  Bringing with it pumpkin, football  (Go Vols!), hockey (Go Ducks!), and, this year, the effective date of the Telemarketing Sales Rule updates. …
Uncategorized

BIDDING ON COMPETITOR’S KEYWORDS? Court ruling helps marketers see more clearly

11 Oct 2024
Taking a step away from TCPA (and there is a lot going on there) for a moment to talk about a recent case that affects marketers everywhere.  The Second Circuit…
Uncategorized

You Won’t Believe Who is Presenting to the FCC with the NCLC

8 Oct 2024
There’s an old saying: The TCPA makes strange bedfellows. Or something like that. But, in today’s example of “strange bedfellows” we have a Notice of an Ex Parte Presentation with…
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BREAKING – SCOTUS to Hear TCPA Case Involving Hobbs Act Deference

4 Oct 20244 Oct 2024
When the US Supreme Court struck down the Chevron doctrine earlier this year, there were lots of questions about how the TCPA would be affected and how the Hobbs Act…
Uncategorized

Did You Miss It? New CMS Rules Are Now In Effect

3 Oct 20247 Oct 2024
It’s been a crazy few weeks here in TCPAWorld. The LMB case.  Multiple conferences.  Just a lot going on. But, like time, TCPAWorld marches on and the CMS rules wait…
Uncategorized

GAME ON: NFL Tackles Privacy Laws in Court and WINS!

9 Sep 2024
Happy Monday TCPAWorld!! With football season in full swing, we bring you a legal case that’s sure to catch your attention: Brandon Hughes vs. the National Football League (NFL), filed in…
Uncategorized

Who’s watching the watchers? FTC files proposed order against security camera company

3 Sep 20244 Sep 2024
We have a little something different today. While this is not a TCPA case, there are a lot of lessons to learn in this case for any company concerned with…
Uncategorized

God Is Dope, LLC Faces TCPA Lawsuit: A Case Where Faith Doesn’t Grant Immunity

15 Aug 20247 Jul 2026
Hey TCPAWorld! Countess here, bringing you an interesting case that I could not let pass... In a recent filing in the Southern District of Texas, Houston Division, Plaintiff Cosby Siringi…
Uncategorized

End of “Fake Reviews”? — FTC Issues the Final Rule

14 Aug 202414 Aug 2024
Man, I had just recovered from the FCC's Artificial Intelligence Proposed Rule and the Notice of Inquiry.  But, this morning the FTC dropped their Final Rule on Fake Reviews.   And…
Uncategorized

FCC’s New Notice of Inquiry – Is This Big Brother’s Origin Story?

13 Aug 2024
The FCC’s recent Notice of Proposed Rulemaking and Notice of Inquiry was released on August 8, 2024. While the proposed Rule is, deservedly, getting the most press, it’s important to…
Uncategorized

Are You a Data Broker? Are You sure? — California Issues Proposed Rule for Clarity

9 Jul 2024
TCPAWorld has talked about the CPPA before, but it appears the agency is not going to rest on its laurels. The California Privacy Protection Agency (“CPPA”) published their Notice of…
Uncategorized

“Arbitrary and Capricious” – A sign of things to come?

7 Jul 2024
On July 3, 2024, the US District Court of Northern Texas issued a Memorandum Opinion and Order in the combined cases of Americans for Beneficiary Choice, et al. v. United…
Uncategorized

When is a Disclaimer Not a Disclaimer?

4 Jun 2024
The Consumer Financial Protection Bureau (“CFPB”) released a circular attempting to address “Unlawful and unenforceable contract terms and conditions”.  From the face of the document, it raises more questions than…
Uncategorized

Javier Lives — New CIPA Case Regarding “voice prints”

30 May 2024
I'm going to post this CIPA case on TCPAWorld.com instead of CIPAWorld because it involves the Javier case that TCPAWorld has covered multiple times. (But, don't forget to check out CIPAWorld…

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