Skip to content
TCPAWorld

TCPAWorld

The World of the Telephone Consumer Protection Act

Search
  • LEAD GEN RESOURCES
  • FACEBOOK Ruling Resource Page
  • The Developments That Rocked TCPAWorld
  • (NEW) STATE PRIVACY LAWS
  • Contact the Team
  • LEAD GEN RESOURCES
  • FACEBOOK Ruling Resource Page
  • The Developments That Rocked TCPAWorld
  • (NEW) STATE PRIVACY LAWS
  • Contact the Team

Author:

Class Actions…

Ignoring TCPA Class Action is a BAD Strategy

6 Oct 20206 Oct 2020
We get it. TCPA class actions cause headaches, or worse. Courts agree. The Eleventh Circuit recently described the in terrorem character of the TCPA class action, observing the "pressure to…
Uncategorized

“Zero, zip, zilch:” Squire Patton Boggs Team Earns First-in-Nation Ruling Finding No Injury for Single Fax Attached to Email

28 Sep 202028 Sep 2020
What does an allegation of “wasted time” mean in a standing analysis under the Junk Fax provision of the TCPA when a fax is received by email and not a…
TCPA Discovery…

“Preliminary Peek” Reveals Probable Jurisdiction Over Nebraska and Utah Defendants in Nevada, and so No Stay in Real Estate Lead Generator Case

27 Sep 2020
Particularly in the TCPA context, properly managing discovery is critical. A TCPA defendant will often seek and obtain a stay pending the court's resolution of a dispositive motion. The United…
FCC Action

FCC Bureau Rejects “Strict Liability” Regime for Fax Advertisements

23 Sep 202024 Sep 2020
The TCPA prohibits any person from sending an unsolicited advertisement to a telephone facsimile machine.  The Commission's rules define "sender" as "the person or entity on whose behalf a facsimile…
ATDS/Human Intervention

Trial Court Fails to Provide a Written Opinion, Second Circuit Upholds Dismissal of TCPA Claim Anyway

21 Sep 2020
Normally a party denied his day in court receives a written opinion explaining why his claim fails. Not so for Mr. Todd Bank, an attorney proceeding pro se on a…

Troubling Trend, Another Court Declines to Enforce Arbitration Clause

17 Sep 202017 Sep 2020
As we've covered, courts sometimes decline to enforce arbitration clauses despite federal public policy favoring arbitration. The United States District Court for the Middle District of Florida recently continued this…
Uncategorized

FCC TAKES NEXT STEPS ON STIR/SHAKEN IMPLEMENTATION AND COMBATTING ILLEGAL ROBOCALLS

11 Sep 202011 Sep 2020
The Federal Communications Commission (FCC) has released its next initiative “to continue the FCC’s work to implement the TRACED Act and promote the deployment of caller ID authentication technology” (i.e.,…
Class Actions

Despite Agreement, No Arbitration! Hawaii District Court Declines to Enforce Arbitration Clause Against Non-Party Debt Collector

9 Sep 2020
For nearly a century, federal law has favored arbitration where the parties agree to it. This rule typically extends to a "nonsignatory" who does not sign the contract but who…
Class Actions

“Threadbare Allegations” not Enough to Prosecute a TCPA Claim

1 Sep 2020
Pleading a TCPA claim is usually not the tricky part for a plaintiff, and courts normally do not dismiss TCPA lawsuits on the pleadings alone. But a recent decision provides…
Uncategorized

Court Gives Chevron Deference to FCC Amerifactors Ruling and Modifies Class Definition in Junk Fax Case

26 Aug 2020
The FCC’s ruling in In Re Amerifactors Fin. Grp., LLC, Decl. Ruling, CG Docket No. 02-278, CG Docket No. 05-338, DA 19-1247, 34 FCC Rcd 11950 (FCC Dec. 9, 2019)…
Uncategorized

A Stay Pending Duguid Benefits All

21 Aug 202024 Aug 2020
As we wrote last week, the Squire Patton Boggs TCPA team earned the first opposed order in the nation staying a TCPA case pending Duguid. Obviously it was not going to be…
Uncategorized

Standing Argument Focusing On Who Paid for the Cell Phone Fails, Again

12 Aug 2020
In Vargas v. Vehicle Sols. Corp., defendant-lender argued that because the plaintiff, Ms. Vargas, did not pay for the cell phone the lender called, she lacked standing.  Like virtually every…
Uncategorized

Plaintiff is Denied Prejudgment Interest Motion Against Credit One

30 Jul 2020
This five year old TCPA case, Salerno v. Credit One Bank, N.A., 15-CV-516 (JLS), 2020 U.S. Dist. LEXIS 133636 (W.D.N.Y. July 28, 2020), is still churning. As background, in June…
Uncategorized

Threadbare ATDS Allegations Not Enough–Even in the Second Circuit

15 Jul 2020
As we have covered , the Second Circuit in Duran v. La Boom concluded that the Telephone Consumer Protection Act ("TCPA") applies to any system that calls or texts automatically…
ATDS/Predictive Dialer Cases…

The TCPA and the First Amendment: Where We Are and Where We’re Going

13 Jul 202015 Jul 2020
Following the Supreme Court’s long awaited, but ultimately disappointing, decision in Barr v. AAPC, one thing is clear. Broad, facial challenges to the TCPA based on the government-backed debt exemption…
Uncategorized

TCPA Plaintiffs’ Lawyers Continue to Get Slapped Around in RICO Conspiracy Case

8 Jul 20209 Jul 2020
Better bust out the popcorn—the Navient Solutions, LLC v. Law Offices of Jeffrey Lohman, P.C. case is still as crazy as ever. We’ve been chronicling this drama for several months…
Uncategorized

Mixed Message: Supreme Court Holds Government-Backed Debt Exemption Invalid But Also Finds TCPA Doesn’t Apply to Government at All

7 Jul 20208 Jul 2020
Isn’t it ironic?  In Barr, the Supreme Court held the 2015 government-backed debt exemption unconstitutional, yet in footnote 1 of the decision the Court emphasized that “[t]he robocall restriction applies…
Uncategorized

No Jurisdiction or Claims Against Company and Corporate Officer for Alleged TCPA Violations

29 Jun 2020
A ruling in Barr is expected any day now.  Meanwhile, defendants continue to notch meaningful wins against poorly plead TCPA claims. Last week in Kline v. Advanced Insurance Underwriters, LLP, the…
Uncategorized

What’s Up With That? District Court Refuses to Stay TCPA Case Despite SCOTUS Ruling Being Just Days Away

24 Jun 202026 Jun 2020
We are literally days (hours?) away from a huge SCOTUS ruling on the TCPA and some district courts are yet refusing to await the big decision. Interestingly--and despite the Czar…
Uncategorized

Court Grants Final Approval to $4MM TCPA Text Message Settlement, $157 to each Class Member’s Filed Claim

22 Jun 2020
Plaintiff filed an unopposed motion for final approval for the class action settlement in Larson v. Harman-Management Corp., , No. 1:16-cv-00219-DAD-SKO, 2020 U.S. Dist. LEXIS 107938 (E.D. Cal. June 18,…
Federally-Backed Debt…

Just Under the Wire: Court Enforces Government-Backed Debt Exemption to TCPA Despite Imminent SCOTUS Decision

18 Jun 202022 Jun 2020
What happens when you default on a government-backed student loan and allege that both the servicer and guarantor are hounding you for payment in violation of the TCPA? Well, the…
Uncategorized

Suing Spouse For TCPA Indemnity Falls Flat

18 Jun 202018 Jun 2020
Testing the limits of TCPA indemnity, a defendant recently attempted to make an indemnity claim against the plaintiff's husband for the defendant's alleged TCPA violations.  The Court used the opportunity…
Uncategorized

Court Grants Motion to Dismiss TCPA Serial Plaintiff’s Complaint

12 Jun 2020
Happy Friday afternoon, TCPAWorld. Well, you may be glad to know that a TCPA serial plaintiff, Craig Cunningham’s complaint (Yes, that infamous pro se plaintiff, Craig Cunningham) just got dismissed…
Uncategorized

Simply Alleging Agency Relationship Doesn’t Make It So: Court Dismisses Defendants for Lack of Personal Jurisdiction

11 Jun 2020
In Shanahan v. Nat’l Auto Prot. Corp., 2020 U.S. Dist. LEXIS 101031 (N.D. Ill. June 9, 2020), the court dismissed three defendants for lack of personal jurisdiction, rejecting plaintiff’s conclusory…
Uncategorized

Too Much Money!: Court Holds Excess Class Settlement Funds to go to the Government

10 Jun 2020
Well here’s something you don’t see every day. A TCPA settlement that resulted in so much money for the class that the Court ordered some of it to be given…
Uncategorized

Motion to Dismiss Denied: Plaintiff’s Prerecorded Message Allegations Adequately Assert ATDS Violation

8 Jun 2020
Plaintiff Gary Cannioto filed a lawsuit against a defendant debt collection agency, Simon's Agency, Inc., for “repeatedly placing automated calls to him in an attempt to collect a debt from…
Uncategorized

Court Grants Motion to Compel Post-Judgment Discovery and Attorneys’ Fees Against TCPA Judgment Debtor

5 Jun 20207 Jun 2020
Normally, after a plaintiff wins his TCPA lawsuit seeking statutory damages and obtains a judgment against the defendant, he then becomes a judgment creditor. For the judgment creditor, discovery can…
Uncategorized

Eastern District of Michigan Holds That No Private Cause of Action Exists for “Spoofing” Caller ID Info Under the TCPA

4 Jun 2020
In Dobronski v. Selectquote Ins. Servs., 2020 U.S. Dist. LEXIS 92019, plaintiff, proceeding pro se, alleged that defendant violated the TCPA and the Michigan Telephone Companies as Common Carriers Act…
Uncategorized

How Crazy Can This World Be?: Ninth Circuit Defendant Cannot Escape TCPA Liability When the Called Party Is Not the Intended Party

3 Jun 20204 Jun 2020
Wow, another big day for the TCPAWorld in the Ninth Circuit, as the appellate court, on top of the confirmation of the broad ATDS definition in Marks, held that the…
Uncategorized

TCPA Plaintiff Could Not Get Away with Forum Shopping Antics

29 May 202029 May 2020
As a well-known fact and sad reality in the TCPAWorld, the outcome of a TCPA action depends largely on where the suit is taking place. By now, the TCPAWorld residents…
Uncategorized

Wrong Court: Due process protects out-of-state companies from Wisconsin man’s TCPA class action filed in California

28 May 20209 Jun 2020
In a world full of aggressive and creative TCPA-plaintiffs (and their lawyers), businesses can take some comfort in bedrock American legal principles--like due process. The United States Constitution shields an…
ATDS/Predictive Dialer Cases…

Missed Marks: Court Transfers Carpet Bagging TCPA Class for Improper Attempt to Bend Venue Rules to Take Advantage of 9th Circuit Case Law

26 May 202028 May 2020
As TCPAWorld is well aware, the 9th Circuit’s Marks decision broadly defines what constitutes an ATDS under the TCPA. And, of course, this decision has led plaintiffs to seek out…
Uncategorized

Vast FCRA Horizon: Court Casts Simple Breach of Contract as Potential FCRA Violation

25 May 202025 May 2020
This case from the Southern District of West Virginia was brought by a husband and wife, alleging that furnisher Ally Financial (“Ally”) violated the FCRA by failing to conduct a…

Posts navigation

Older posts
Newer posts

WHY NOT SUBSCRIBE TO TCPAWORLD.COM ALREADY?

We know you love the site, so why not follow us already? Enter your email address to be among the first to receive the TCPA news and views you love. There's no downside--no advertising, no spam, no nonsense. Just awesome TCPA fun. posts by email.

Our Amazing Contributors

  • 1 Brittany Andres
  • 1 Chris Deatherage
  • 1 Keerti Jaya
  • 1 Blake Landis
  • 1 Oliver Shapiro
  • 1 Puja "Queenie" Amin
  • 1 William Fife
  • 1 Danielle Cuevas
  • 1 Steven L. Rozenfeld
  • 1 Eric "Czar" Troutman
  • 1 Tori Guidry
  • 1 William Craddick

About TCPAWorld

TCPAworld.com isn’t just a blog, its a lifestyle obsession for those that eat, sleep, and breathe the TCPA like we do.

We’ll break all the TCPA news–usually before anyone else does–with witty and informative articles that break the mold of stuffy law firm analysis. Yet the analysis you’ll find will always be dead on and steeped in our decades of combined TCPA defense experience.

We do it all for free- no advertisements (other than shameless plugs for my law firm).

The opinions expressed in content on TCPAworld are solely those of the authors and contributors that share their content here.

All content copyright Eric J. Troutman, except that contributors retain license to use and re-publish their works.

All other rights reserved. Forever and ever, and all that.

Contact: troutman@troutmanamin.com

400 Spectrum Center Drive, Suite 1550

Irvine, CA 92618

(949) 350-3663

  • LEAD GEN RESOURCES
  • FACEBOOK Ruling Resource Page
  • The Developments That Rocked TCPAWorld
  • (NEW) STATE PRIVACY LAWS
  • Contact the Team
WordPress.com.
 

Loading Comments...