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Author: Danielle Cuevas

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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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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…
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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…
Uncategorized

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…
Uncategorized

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…
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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…
Uncategorized

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,…
Uncategorized

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…
Uncategorized

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…
Uncategorized

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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