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  • The Developments That Rocked TCPAWorld
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Author: Danielle Cuevas

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FTSA Class Action Moves Forward: Court Confirms Rule 23 Does Not Modify Substantive Rights

28 May 20247 Jul 2026
Hello TCPA World! Sharing a recent decision from the Middle District of Florida focusing on procedural rules, specifically Fed. R. Civ. P. 23, which governs class actions, and the FTSA.…
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Robocalls, Deepfakes, and a new $6 MILLION man

23 May 2024
The Federal Communications Commission (“FCC”) has been very open about cracking down on the deceptive use of artificial intelligence (“AI”).  They have issued Notice of Inquiry about the under of…
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Avoiding “absurd” inference in TCPAWorld

3 May 20243 May 2024
A great new TCPA opinion out of Virginia highlights one of my favorite things:  third party management or lack thereof. In Ackerman v. Look Both Ways Insurance, LLC, 2024 WL…
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Massive FCC Fines and What You Should Learn From Them

1 May 2024
  The major wireless carriers (AT&T, Verizon, Sprint, and T-Mobile) were fined nearly $200 million dollars  for “illegally sharing access to customers’ location data” on April 29, 2024. These fines…
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FCC Puts Another Carrier On Notice with Cease and Desist Letter

17 Apr 2024
If you haven't already figured it out, the FCC is serious about carriers and providers not carrying robocalls. The FCC sent a cease and desist letter to DigitalIPvoice informing them…
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The New Proposed American Privacy Rights Act: What does it mean for lead gen?

11 Apr 2024
With all the fun and work of LeadsCon behind us, we can now take some time to look at the proposed American Privacy Rights Act.  This bipartisan piece of legislation…
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LARGEST MORTGAGE WHOLESALER VIOLATING RESPA?

3 Apr 2024
United Wholesale Mortgage (UWM) is the largest wholesale mortgage company in the country.  It is also the largest overall residential lender and the largest purchase lender in the country (according…
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Trigger Leads: Has the train left the station already?

2 Apr 2024
There’s been a lot of talk recently about trigger leads and whether or not they should be legal or even if they are helpful. But, what exactly are trigger leads?…
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More Legislative Changes to the TCPA???

20 Mar 2024
Looks like the Do Not Disturb Act might not be the only proposed changes to the TCPA in Congress. Senator Dick Durbin (D-Ill) introduced a new bill aimed to make…
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FTC sending out refunds in “Review Hijacking” case

14 Mar 2024
The FTC announced today it was going to send more than $527,000 in refunds to consumers who bought products which were marketed based on "review hijacking". This announcement is related…
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Are you prepared? TSR’s New Consent Recordkeeping Requirements

12 Mar 202414 Mar 2024
The new amendments to the Telemarketing Sales Rule (“TSR”) from the Federal Trade Commission (“Commission”) includes several changes to recordkeeping requirements. One area which had significant changes is the area…
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New TSR Recordkeeping Requirements are here!

11 Mar 2024
The Federal Trade Commission (FTC) released the new Final Rule for the Telemarketing Sales Rule (TSR) last week. And it's a doozy. Long-time readers know that TCPAWorld has been all…
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Navigating the CFPB’s Lead Generation Circular: Answers to Your Top Questions

7 Mar 2024
Since the CFPB's guidance around comparison-shopping websites and lead generators was released last week, we have received some questions. We thought a nice FAQ would be helpful. Q. When are…
FCC Action

BRIDGING BORDERS: FCC and UK Unite to Combat Robocalls and Robotexts, Safeguarding Consumer Privacy

4 Mar 2024
The FCC is staying busy and not just in the U.S. Buckle up your seat belt, we are traveling overseas today! In a first of its kind, FCC Chairwoman Rosenworcel…
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CFPB Continues to Tie Lead Gen’s Hands

4 Mar 20244 Mar 2024
It was about this time last year that the CFPB issued similar guidance around digital comparison-shopping sites in the mortgage industry. That guidance was based on RESPA's prohibition on steering…
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SMALL BUSINESSES ANSWERED: FCC’s One to One Consent Will Not Only Harm Small Businesses But Consumers Too.

29 Feb 2024
Not long ago, we shared some insight on how to save your small business as a result of the FCC’s 1 to 1 consent Order which COMPLETELY changed lead generation…
Congressional Action

FCC SUPPORTING THE DO NOT DISTURB ACT?

21 Feb 2024
If you think the proposed Do Not Disturb Act currently in Congress won't be passed, then you aren't paying attention. The Do Not Disturb Act was introduced by Congressman Frank…
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DEADLINE SET: Comment Date for Small Businesses to Weigh in on FCC’s One-to-One Consent Rule is Set and Here is Everything You Need to Know

29 Jan 2024
Some GREAT NEWS to share if you are trying to figure out how to save your small business as a result of the FCC’s 1 to 1 consent Order. First,…
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FAX CLASS STILL DENIED: COA Affirms Denial of Class Certification Finding Online Fax Services Not Covered under the TCPA

26 Jan 2024
Happy Friday TCPAWorld! Sharing with you an interesting case about Faxes! In this case, the Court explains what is considered a fax for the purposes of the TCPA and more…
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MASSIVE DISCOVERY ORDERED: Court Finds Data of 11,000 Additional Calls Relevant and This is Why Burden Matters!

27 Nov 2023
Happy Monday! Just the other day, opposing counsel snickered at our voluminous discovery objections. 😏 And then, there are Defendants who just don't object properly and so, this happens. The…
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HOME DEPOT SUED: TCPA Compliance is NOT a Do-It-Yourself Project

17 Oct 202317 Oct 2023
Happy Tuesday TCPAWorld! Sharing a quick new filing in the United States District Court for the Northern District of Georgia. So, Home Depot may be missing some tools in its…
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DISCOVERY WIN FOR DEFENDANT: Court Compels Plaintiff to Provide Better Responses to Defendant’s Demands

9 Oct 2023
Happy Monday! Let’s chat about Defendant’s Motion to Compel Better Responses to its First Set of Interrogatories in Brian Wilkins v. RCI, LLC., 2023 WL 6450346 (M.D.F.L. Oct. 3, 2023).…
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USDC NDOH SERVES DEFENDANTS LOSS: Cellphones Registered on the DNC List are Covered by the TCPA

21 Sep 2023
Happy Thursday TCPA World!  R.E.A.C.H. is literally fighting to keep the lead generation industry alive and cases like this make it really hard to show the FCC that businesses, especially…
Uncategorized

ONE IS ENOUGH FOR STANDING: MDFL Court Finds One Pre-recorded Automated Message Is Sufficient For Article III Standing After Drazen

7 Sep 2023
Back in July, we shared that all Circuits were now aligned on Article III standing after the 11th Circuit issued their en banc decision in Drazen.  Well now, the Middle District…
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ALL CIRCUITS ALIGNED ON ARTICLE III STANDING: 11th Circuit reversed Salcedo v. Hanna in Drazen v. Pinto En Banc Decision Today!!

24 Jul 2023
Happy Monday TCPAWorld! Bringing you REALLY HUGE news out of Florida!   Gone are the days when receipt of a single message was sufficient to defeat Article III standing in…
Uncategorized

CARRIERS BEWARE: Federal and State Agencies Robocall Crackdown is HERE!!!

19 Jul 2023
Happy Wednesday! Just last week - at our Ah-mazing Conference - the Czar discussed Carriers and Call-Blocking. If you were there, then you know that under the new regime, carriers…
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USDC MDFL ISSUES A DEFENSE LOSS: Motion to Dismiss and Stay Denied pending 11th Circuit en banc hearing on Drazen

17 Jul 202317 Jul 2023
Happy Monday TCPAWorld! If you haven't heard, our First Conference was Ah-mazing! New week, new decision out of the sunshine state with a not-so-new plaintiff in Robin Taylor v. Leadpoint, Inc.,…
Uncategorized

FLORIDA DIGITAL BILL OF RIGHTS: FLORIDA ADDS DATA AND PRIVACY SECURITY ACT

26 Jun 202327 Jun 2023
YET ANOTHER MASSIVE PRIVACY LAW! Florida has joined the ranks of the states adding a groundbreaking Data Privacy and Security Law, effective July 1, 2024.  Embedded in the Technology Transparency…
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FTSA RISK STILL REAL AFTER AMENDMENTS? Violations of the FTSA Caller ID Rules May Be The New Litigation Goldmine in Florida

23 Jun 202327 Jun 2023
Happy Friday TCPAWorld! Countess, here, from sunny South Florida!   As TCPAWorld dwellers know, the recent amendments basically killed the Florida Telephone Solicitation Act. But it appears that a new…
Uncategorized

NO MORE CHANCES: BARTON’S MOTION FOR RECONSIDERATION DENIED, COURT FINDS HE ALREADY WITHDREW THE AMENDED COMPLAINT

23 May 2023
Happy Tuesday TCPAWorld!  Found an interesting decision against the one and only Nathen W. Barton and just had to share it.  Barton v. AllState Insurance Company, 2023 WL 3586177 (W.D.…
Uncategorized

ANOTHER FCC NOMINATION: PRESIDENT BIDEN NOMINATES VETERAN TELECOM LAWYER ANNA GOMEZ

22 May 202322 May 2023
Happy Monday TCPAWorld! Well, some breaking and interesting news straight from the White House. President Joe Biden nominated Anna Gomez, a veteran government telecom lawyer, to serve as the third…
Uncategorized

AI WORLD VS. THE CFPB: From Excited Potential to Concerns of Civil Rights Violations in this New World

9 May 2023
Happy Tuesday!  As the Czar promised, I am sharing some insight on AI, no no not Allen Iverson...but how about them Sixers?? 🏀 Sorry, I couldn’t help myself.   With…
Uncategorized

BREAKING NEWS!! FTSA Amendment One Step Closer

24 Apr 2023
So as TCPAWorld dwellers know, there has been a lot of movement around the FTSA amendments as the Czar reported this morning. Today, the Senate Committee adopted the amendments with…

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