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Author: Danielle Cuevas

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…
Uncategorized

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…
Uncategorized

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…
Uncategorized

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,…
Uncategorized

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…
Uncategorized

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…
Uncategorized

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…
Uncategorized

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).…
Uncategorized

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…
Uncategorized

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…
Uncategorized

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…
Uncategorized

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…
Uncategorized

DEADLINE APPROACHING!! FCC NPRM Comments Due in less than a month!

17 Apr 202318 Apr 2023
The Czar explains the Public Knowledge proposal in ~1 min. For more GREAT content follow our INCREDIBLE YouTube Channel No not the Tax Day deadline, the NPRM Comment Deadline! 🤭…
Uncategorized

VEGAS CASINO SUED OVER FTSA IN FL: So, What Happens In Vegas Doesn’t Stay In Vegas?

13 Apr 2023
Hey TCPA World! Did you know the FTSA reaches outside of Florida and across to Las Vegas??  So, in Campodonico v. Resorts World Las Vegas, No. 23:CV-21381, Plaintiff Ricardo Campodonico…
Uncategorized

CMS NEW RULES: TPMOs Saved (for now), Updated and Required Disclaimers and Much More

6 Apr 20236 Apr 2023
Let’s discuss the CMS Update released yesterday. As some of you may be preparing for Open Enrollment, the new Rules are key. Specifically, Third Party Marketing Organizations (TPMO) are now…
Uncategorized

FLORIDA IS HOT: Not Just The Weather, FTSA Amendments and More Class Actions Filed

3 Apr 2023
Last week was a busy week in Florida!   Queenie reported on the amendments to the Florida Telephone Solicitation Act ("FTSA").   The Boca Raton FAU Owls made it to the 🏀…
Uncategorized

DEFENSE WINS FOUR CRITICAL ARGUMENTS IN MOTION TO DISMISS: Court Refuses to Do Plaintiffs’ Work for Them and Make Inferential Leaps to Fill in Plaintiff’s Complaint

28 Mar 202328 Mar 2023
 Hey TCPA World!! Some interesting arguments out of the Western District of Washington in Rogers, et al. v. Assurance IQ, LLC & Boomsourcing, LLC, No. 2:21-CV-00823-TL, 2023 WL 2646468 (W.D.…
Uncategorized

DEFENSE WIN!: California Court Grants Defendant’s Motion to Dismiss Due to Plaintiffs’ Failure to Plausibly Allege Direct or Vicarious Liability

23 Mar 202323 Mar 2023
Hey TCPA World!   March Madness🏀 has been, well, madddd! and the World Baseball Classic ⚾ was an amazing exhibition of persistence and skills!   Speaking of skills, let’s discuss…
Uncategorized

IT IS NATIONAL CONSUMER PROTECTION WEEK! As An Industry What More Can We Do?

8 Mar 2023
Happy National Consumer Protection Week! With all the hurdles this industry has been faced with recently in the name of protecting consumers, I ask myself...what more can we possibly do?…
Uncategorized

It is Valentine’s Day and Sharing is Caring! More thoughts on CFPB Advisory Notice.

14 Feb 202322 Feb 2023
 The Czar and the Duchess break it down! Follow our Incredible YouTube channel for more CRITICAL content! Angela Cherrill- TCPAWorld’s newest blogger here. The Sicilian.  Last week the Duchess…

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