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Author: Petrina A. McDaniel

Czarina of TCPAWorld, Petrina has built a nationally-recognized TCPA defense litigation practice, and regularly serves as lead counsel in individual and class action litigation across the country. Petrina’s TCPA practice spans over 13 years and clients look to her for subject matter leadership and creativity to ensure compliance under the statute, with an eye towards litigation avoidance. Petrina also defends, counsels, and represents clients relating to a myriad of consumer privacy statutes, including the Computer Fraud and Abuse Act (CFAA), the Fair Credit Reporting Act (FCRA), the Fair Debt Collection Practices Act (FDCPA), the Children’s Online Privacy Protection Act (COPPA), the CAN-SPAM Act, and a patchwork of other federal privacy statutes and their state analogs. In addition to her defense litigation practice, Petrina creates consumer-facing marketing strategies to comply with federal regulations promulgated by the FCC and the FTC, and provides strategic compliance related to state and federal privacy statutes. Petrina is a frequent author and speaker on the TCPA and consumer privacy trends, and often conducts client trainings on these topics.
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…
ATDS/Predictive Dialer Cases…

Hedging Bets: Court Finds Sufficient Allegations of ATDS without Taking Clear Stance on Standard

19 Jul 201922 Jul 2019
Photo by Mídia on Pexels.com The Western District of Oklahoma weighed in on the pleading standard for an ATDS earlier this week, denying a defendant’s motion to dismiss the plaintiff’s…
Uncategorized

Asking the Right Question: TCPA Defendant Successfully Challenges Venue by Presenting Better Forum

5 Jul 2019
Photo by Pixabay on Pexels.com The district court in New Jersey recently reminded TCPA litigants that there can be much more to jurisdiction and venue than meets the eye.  Even…
Uncategorized

Article III Standing A Double-Edged Sword for TCPA Plaintiff Seeking Remand to State Court

5 Jun 20196 Jun 2019
Photo by Lum3n.com on Pexels.com In the post-Spokeo world, standing challenges are no longer commonplace for most TCPA defendants, with courts having largely held that the receipt of one call…
Uncategorized

Closing the Coverage Gap?: California Supreme Court Set to Decide Whether Privacy Right Implicated by the TCPA Triggers Insurance Coverage for “Advertising Injury”

6 May 2019
Photo by Pixabay on Pexels.com The California Supreme Court recently granted the Ninth Circuit’s request for certification to determine whether a TCPA claim against a policyholder for sending unsolicited text…
Arbitration…

If at First You Don’t Succeed, Try Again: Court Grants Defendant’s Renewed Motion to Compel Arbitration After Finding Agency & Applicability of Terms to TCPA Claim

10 Apr 201910 Apr 2019
A motion to compel arbitration and stay proceedings is often a defendant’s best weapon in TCPA litigation.  But is this strategy viable when a defendant is not a party or…
Express Consent

Whose Consent Is It Anyway?: Court Recognizes Reasonable Reliance Defense in Denying Summary Judgment to Junk Fax Plaintiff

3 Apr 2019
Photo by rawpixel.com on Pexels.com Reassigned number liability remains shaky ground in the wake of ACA International v. FCC, 885 F.3d 687 (D.C. Cir. 2018), with the D.C. Circuit vacating…
ATDS/Human Intervention…

Mucho Gracias! Northern District of Illinois Rejects Expansive Definition of Autodialer for Spanish Survey Texts

3 Apr 20194 Apr 2019
In the midst of chaos over the proper definition of the statutory term “automated telephone dialing system,” the Northern District of Illinois reminds us that the plain language of the…
Uncategorized

Return To Sender: Court Holds TCPA Liability For A Text Sent By A Marketing Firm Cannot Be Resolved On Summary Judgment

21 Mar 2019
Federal courts continue to struggle to identify the “sender” of a fax for purposes of TCPA liability. The latest example is from the Southern District of New York. See Bais…
FCC Action

Oyez! Oyez! Oyez! The U.S. Solicitor General Set to Argue in Closely-Watched PDR Network Petition

7 Mar 20198 Mar 2019
Chiropractic clinic, Carlton & Harris, has a friend in the U.S. Solicitor General. The Supreme Court has granted the Solicitor’s General request to appear as a friend of the court…
Legislation…

Third Time’s the Charm?: Congress Considering HANGUP Act One Last Time

4 Mar 20195 Mar 2019
They're at it again. After the bill previously failed to muster the votes necessary to pass, Congressional Democrats--this time apparently working with Republicans--are looking to close the "loophole" authorizing calls…
Uncategorized

One Call, That’s All? Court Finds Single Missed Call Sufficient under Spokeo, But Hints an “Unnoticed” Call May Change Result

1 Mar 2019
Photo by rawpixel.com on Pexels.com Most defendants have found Spokeo defenses of limited utility in TCPA individual cases and class actions, as courts throughout the country have routinely held that…

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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– Squire Patton Boggs).

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: eric.troutman@squirepb.com

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