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NO GOLD STAR HERE: Federal Court Denies Class Certification Based on Atypicality

16 Mar 2022
A fairly great win out of the Central District of California with Bustillos v. W. Covina Corporate Fitness, Case No.: 2:21-cv-04433-SB-AFM. As a quick background, a former gym member whose…
Uncategorized

ANOTHER ONE FOR THE DISCOVERY BOOKS: Court Limits Scope of 30(b)(6) Deposition in Class Action to Plaintiff’s Claims

17 Dec 2021
A bit of deposition drama in the Northern District of California recently. In Kinzer v. Lifeaid Bev. Co., No. 21-cv-05589-EJD (VKD), 2021 U.S. Dist. LEXIS 237052 (N.D. Cal. Dec. 9,…
Class Actions…

What?  No Sampling!?

15 Dec 2021
Oof. Another defendant hit with an order compelling it to produce a HUGE amount of data. Such is the sad state of affairs as delineated in Bustillos v. W. Covina…
Uncategorized

NO EVIDENCE PRECLUSION HERE: Court Allows Late Submission of Critical Evidence (But Isn’t Happy About It)

22 Sep 2021
We have a cautionary tale for you today, TCPAWorld! In Foster v. Nat'l Recovery Agency, No. 17-CV-6-LJV-HKS, 2021 U.S. Dist. LEXIS 176717 (W.D.N.Y. Sep. 16, 2021), Plaintiff Harry Foster sued…
Class Actions…

BAIS YAAKOV IS BACK, BABY! AND IT BRINGS GIFTS: First Circuit determines a fail-safe class is uncertifiable.

12 Sep 2021
That’s right – Bais Yaakov is back, baby!  And it’s brought gifts. You might recall Bais Yaakov – the private high school we’ve previously blogged about on more than a…
ATDS/Predictive Dialer Cases…

THE WINS KEEP COMING! Another Court Finds Calling From Curated List of Numbers is Not R&SNG

2 Sep 2021
Well TCPAWorld, we have another great post-Facebook case for you. Franco v. Alorica Inc., No. 2:20-CV-05035-DOC-(KESx), 2021 U.S. Dist. LEXIS 164438 (C.D. Cal. July 27, 2021) used the Supreme Court’s…
Class Actions…

TCPAWorld’s Own Dr. Evil?: Inventor of TCPA Lawsuit Manufacturing App Gathers Massive Amounts of Data Scraped from Porch Website—Now Claims Company Owes Plaintiffs $10 Billion Dollars

20 Aug 202123 Aug 2021
Editor's Note: Sara is the newest member of the powerful TCPAWorld team. Licensed in three states and with a decade of complex litigation experience under her belt our new Marcioness…
Uncategorized

ANOTHER ATDS PLEADING SURVIVES: Arizona Court Finds ATDS Allegations “Plausible” (And Reminds Us Offers to Buy Aren’t Solicitations)

3 Aug 2021
Big news (both good and bad) out of Arizona this past week as the District Court: reinforced a Plaintiff’s relatively low pleading standard in alleging whether a Defendant used an…
Uncategorized

7th Circuit Court of Appeals Rejects Insured’s Attempt to Use Broad Duty to Defend Standard to End Run Coverage Exclusions

17 Mar 2021
Zurich Am. Ins. Co. v. Ocwen Fin. Corp. (“Ocwen”), presents yet  another example of why companies facing potential robo-call liability need more than Commercial General Liability Coverage to protect them…
Uncategorized

An Inconvenient Agreement: Forum Selection Clauses Will be Enforced

22 Jan 202122 Jan 2021
A recent TCPA order from the Middle District of Florida reminds litigants that a valid forum selection clause for disputes “arising out of or relating” to an agreement covers a…
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.,…
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…
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

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

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

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…
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

Things Are Rapidly Changing, But Something Stays the Same: Allegations of Fact Taken As True at the Pleading Stage

21 May 202022 May 2020
It almost seems that everything is changing so fast in these current days. When everyone is trying to keep up with the pace, I thought it might be worthwhile to…
Uncategorized

[FCRA] NEW BREACH RISK?: Experian is Collecting YOUR Behavioral Data and Claiming it is Beyond the Reach of FCRA—is it Right?

19 May 202014 Jul 2020
­­­­­­­What is behavioral data really? And where does it stand in relation to the FCRA? In this recent ruling out of the Central District of California, Tailford v. Experian Info.…
Uncategorized

[FCRA] Collector Tries to Avoid FCRA Claim By Contending it was an Arm of the State of Missouri — it Did not Go Well.

11 May 2020
In Perkins v. MOHELA, 5:19-cv-01281-FB-HJB (W.D. Texas), Ms. Kanita Perkins sued Missouri Higher Education Loan Authority (“MOHELA”) and a handful of other defendants for violating the Fair Credit Reporting Act…
FCRA

[FCRA] ALERT! Consumers Can Check Credit Reports Weekly For Free

11 May 202011 May 2020
In case you missed it, the big-3 Credit Reporting Agencies (Equifax, Experian, and TransUnion) issued a “joint action” that they are now offering free weekly credit reports to all Americans…
Uncategorized

What’s More Besides Social Distancing for Californians: Further Robocalls Leave Me Alone!

5 May 2020
Among several telecom and privacy bills responding to COVID-19 at today’ hearings before the California Assembly, the Communications and Conveyance Committee cleared an anti-robocalls bill – AB 3007 –  that…
Uncategorized

[FCRA] Employers Beware: Ninth Circuit Precedent Leads to Easy FCRA Disclosure Class Certification Win

4 May 2020
Employers beware.  Last week, a class certification win in Bebault v. DMG Mori USA, Inc., No. 18-cv-02373-JD, 2020 U.S. Dist. LEXIS 75538 (N.D. Cal. Apr. 29, 2020) reminds employers how…
Uncategorized

[FCRA] BEWARE FCRA Dangers: Court Awards $400k in Attorneys’ Fees to Plaintiff After Trial Win—But Defendant Avoids Potential $165MM in Punitive Damages

1 May 20204 May 2020
FCRA cases can be dangerous. Potentially deadly. Especially when the FCRA plaintiff's counsel pros get a hold of you.One defendant recently found that out the hard way in a suit…
Uncategorized

[FCRA] Unfair Attack?: 23 State AGs Blast CFPB’s COVID-19 FCRA Response—But is the Criticism Justified?

29 Apr 20201 May 2020
A coalition of 23 attorneys general are upset with the Consumer Financial Protection Bureau (“CFPB”). Really upset. On April 1, 2020, the CFPB issued a policy statement that it intended to relax…
Uncategorized

[FCRA] THIS IS BIG– Fifth Circuit Agrees that a Furnisher Does Not Have to Go Beyond ACDV in Reinvestigation

28 Apr 202028 Apr 2020
  EDITOR’S NOTE: SQUIRE PATTON BOGGS WILL SOON BE LAUNCHING A NEW FAST-PACED AND EXCITING BLOG EXPANDING BEYOND TCPA TO SHOWCASE ITS TREMENDOUS DEPTH IN ISSUES OF FCRA, BIPA, CCPA…
Uncategorized

[FCRA] Split Personalities: Government Immune From FCRA Suit, Maybe Not?

22 Apr 202022 Apr 2020
EDITOR’S NOTE: SQUIRE PATTON BOGGS WILL SOON BE LAUNCHING A NEW FAST-PACED AND EXCITING BLOG EXPANDING BEYOND TCPA TO SHOWCASE ITS TREMENDOUS DEPTH IN ISSUES OF FCRA, BIPA, CCPA AND…
Uncategorized

Statutory Penalties and Prospective Injunction Not Covered By Insurance in TCPA Case

21 Apr 2020
Getting hit with a $280 million judgment and a prospective injunction against future telemarketing practices is bad enough, but not getting insurance coverage to pay for the defense of the…
Uncategorized

[FCRA] Hassel – A Defense Roadmap for Furnisher Victory

17 Apr 202018 Apr 2020
  EDITOR’S NOTE: SQUIRE PATTON BOGGS WILL SOON BE LAUNCHING A NEW FAST-PACED AND EXCITING BLOG EXPANDING BEYOND TCPA TO SHOWCASE ITS TREMENDOUS DEPTH IN ISSUES OF FCRA, BIPA, CCPA…
Uncategorized

[FCRA] No Solace for the Solis’s: Empty FCRA Allegation Ends in Dismissal

14 Apr 202014 Apr 2020
EDITOR'S NOTE: SQUIRE PATTON BOGGS WILL SOON BE LAUNCHING A NEW FAST-PACED AND EXCITING BLOG EXPANDING BEYOND TCPA TO SHOWCASE ITS TREMENDOUS DEPTH IN ISSUES OF FCRA, BIPA, CCPA AND…
Officer/Director Liability

It’s a No Go for Vendor “Doe” in Seeking Insurance Coverage for a TCPA Claim

2 Apr 2020
Companies that bring marketing campaigns using unsolicited faxes tend to end up in putative class actions under the Telephone Consumer Protection Act ("TCPA").  Many companies use vendors to design and…
Uncategorized

INSURANCE UPDATE: TCPA Coverage Denied Again

1 Apr 20201 Apr 2020
When a company gets sued for unsolicited faxing under the Telephone Consumer Protection Act ("TCPA") they turn to their insurance companies for defense and ultimately indemnification for the law suit.…
Uncategorized

Another Motion to Dismiss Denied: ATDS Allegations For Unwanted Text Messages Sufficient at Pleading Stage

31 Mar 2020
A text message is considered a call under the TCPA. And to state a valid TCPA claim, the plaintiff must show that the equipment or system used to send the…
Uncategorized

Seventh Circuit Court of Appeals Found Bristol-Myers Not Applicable to Rule 23 Class Actions

11 Mar 202012 Mar 2020
Earlier today the Czar brought us with the breaking news that the Seventh Circuit Court of Appeals determined that the Supreme Court’s Bristol-Myers decision does not apply to Rule 23…
Uncategorized

Watch Out: Responding to RFA Matters More Than What You May Think, Even After Close of Discovery

5 Mar 20205 Mar 2020
I previously reported on a “serial plaintiff” Mr. Shelton’s victory in a TCPA action, not because of any factual findings on his TCPA claims, but because of the defendant’s procedural…

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