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The World of the Telephone Consumer Protection Act

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Author: Puja "Queenie" Amin

Puja J. Amin is the Queenie and co-founder of TCPAWorld. Other than the Czar, Queenie is probably the best known TCPA lawyer on the planet. Queenie cannot be stopped. One of the best known names in the marketing legal world, she has vast experience defending and counseling businesses on consumer protection laws including the TCPA, CIPA, FCRA and a host of privacy-related statutes. She has provided legal oversight on an enterprise basis to major direct-to-consumer brands and defended some of the largest companies in the nation in major federal court litigation--earning her the title of "Queenie" of the TCPA. She's also a 10+ times Trifecta finisher and international Spartan Race qualifier, who commonly competes in "Ultra" endurance challenges.
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EXPENSIVE CHANGES PROPOSED FOR CALIFORNIA’S DATA BROKER REQUIREMENTS: Get the latest update for potential new registration requirements for 2025

15 Nov 2024
As you may or may not know, California requires Data Brokers to be registered in the state. The bill that expanded the requirements and transferred authority to the California Privacy…
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CAUTIONARY TALE: Court Upholds Motion To Compel Discovery In An Order That Shows Why Boilerplate Objections Rarely Suffice

25 Oct 202424 Oct 2024
A while ago, Blake wrote an incisive post on the outcome of a discovery dispute with critical insights into the evolving landscape of electronic discovery: DECODING DISCOVERY: Cracking the Code…
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OOF MICHIGAN BROUGHT BACK THEIR BEAST OF A TELEMARKETING BILL FROM THE DEAD: Quick run down of SB1037 and what changed from the prior version

17 Oct 2024
Do you remember a few years back Michigan had this huge telemarketing bill it was trying to push through well guess who's back, back again, Michigan is back, tell a…
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IT’S OCTOBER 15TH AND AEP SEASON STARTS TODAY!: How You Can Navigate Compliance for the Upcoming Medicare Annual Enrollment Period Season

15 Oct 202415 Oct 2024
It’s that time of the year again – THE START OF AEP SEASON 2025! As you may know, the Medicare Annual Enrollment Period (AEP) is a crucial time for millions…
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NOT A JUMPSCARE! The FCC is Officially Moving Forward With the BRAND NEW TCPA Revocation of Consent Rules – Set to Take Effect April 11, 2025!

10 Oct 202420 Oct 2024
Hello TCPAWorld it has been a while but I am back with some BIG news. Remember those FCC revocation rules that made a stir at the beginning of the year…
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WRONG MAN: “Wrong Man” Defense Fails as TCPA Defendant Can’t Follow in the Czar’s Footsteps—But Who Can Really?

9 Oct 202410 Oct 2024
Good morning TCPAWorld -- Queenie here. So one of the Czar’s most famous -- and one of my favorite wins was in Stoops v. Wells Fargo from back in 2016.…
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DEFENSE WIN IN DISCOVERY DISPUTE: Court Finds Plaintiff Had Burden To Serve Proper Request, Denies Extension Of Cutoff To Take Depositions

8 Oct 2024
In a discovery dispute arising out of a TCPA case in the Eastern District of Michigan, the Court denied the Plaintiff’s motion to compel production of third-party declarations in the…
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ANOTHER MIXED RULING: Illinois Court Finds Personal Jurisdiction Over Out-Of-State Defendants Through Agency Relationship; Dismisses Plaintiff’s Internal DNC Claims

2 Oct 2024
Earlier this week, an order out of the U.S. District Court for the Southern District of Illinois made for some interesting analysis of state law claims, personal jurisdiction, and agency…
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MIXED BAG: TCPA Defendant RCI, LLC. Wins Some and Loses Some in Motion For Summary Judgement

25 Sep 202424 Sep 2024
On September 20, 2024, the U.S. District Court for the District of New Mexico came out with a fascinating decision in Ruben Escano v. RCI, LLC., 2024 WL 4253000, granting…
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HUNGRY FOR MORE: DoorDash Faces TCPA Class Action With Potentially Far Reaching Implications

13 Sep 202413 Sep 2024
On September 13, 2024, Cynthia Johnson filed a class action lawsuit against DoorDash, alleging violations of the Telephone Consumer Protection Act ("TCPA"). The suit not only exposes DoorDash to significant…
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BREAKING: FCC Publishes Proposed AI Regulations In Federal Register – Comments Due By October 10, 2024

10 Sep 2024
On August 08, 2024, the Federal Communications Commission (“FCC”) issued a Notice of Proposed Rulemaking (“NPRM”) addressing the use of AI-generated calls, with potentially massive implications for the telecommunications industry.…
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LUXURY LAWSUIT: Oscar De La Renta Faces Class Action Over Alleged Violations Of Florida’s Caller ID Rules

6 Sep 2024
If there's one thing we know, it's that telemarketing lawsuits are in style. On September 02, 2024, Madison Porcelli (“Plaintiff”) filed a putative class action lawsuit against luxury fashion label…
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GENERAL MOTORS NAMED SOLE DEFENDANT IN TCPA CLASS ACTION: First Time In 5 Years A Car Manufacturer Has Been Sued Over TCPA Claims

4 Sep 20244 Sep 2024
It seems no one is safe - while car dealerships are a frequent target for the Plaintiff's bar, this time it's a car manufacturer that's been hit with a telemarketing…
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RAISING BARRIERS: FTC Announces Increased Fees For National Do Not Call Registry Access

28 Aug 2024
It’s a new day and another new rule for us in TCPAWorld! On August 27, 2024, the Federal Trade Commission (“FTC”) unveiled updated fees for accessing phone numbers on the National…
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DON’T GET BLINDED BY MARKETING MISSTEPS: Important Marketing reminders from the FTC

27 Aug 2024
Recently the FTC published a business blog about the marketing practices around solar and renewable energy vertical.  While it is great guidance for those in that particular space, it's also…
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CALL A SPADE: PayPal Sued in New TCPA Suit for Doing Just That.

23 Aug 202423 Aug 2024
Happy Friday everyone. Going into the weekend, I wanted to share an intriguing development for you TCPA watchers. A fresh lawsuit entitled Spade v. Paypal, Inc. has been filed in…
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STOP TALKING: AirVoice Wireless Sued Over AirTalk Wireless Promotional Texts

20 Aug 2024
Hi TCPAWorld! Wireless service provider AirVoice Wireless is facing a class action TCPA suit for purportedly sending repeated text messages in the face of the receiver’s opt out. The Complaint,…
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LEAD GEN MELTDOWN: QuoteWizard Faces $450MM in TCPA Penalties After Sending Texts to Allegedly Bad Leads

19 Aug 202419 Sep 2024
So massively massively important certification ruling out. Quotewizard just got absolutely crushed in a TCPA case. Unfortunately I am rushing to a deposition prep so I can't spend as much…
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“TIME IS MONEY INITIATIVE”: White House Announces New Consumer Protection Initiative Directing CFPB to Crack Down Businesses Wasting Consumer Time

14 Aug 2024
Hi TCPAWorld! I’m Tammana (Royal Court Name Pending), the latest Troutman Amin, LLP addition! And what a time I’ve chosen to jump in – these past few weeks have brought…
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NO CONSUMER DATA PRIVACY LAW, NO PROBLEM, OR IS IT: New York issues Business Guidance on Website Consumer Privacy Control Practices

9 Aug 2024
Last month New York’s OAG published business guidance for website privacy controls. No, you did not miss New York passing a Consumer Data Privacy Law. So how are they regulating…
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IS THE FCC LOOKING TO REGULATE AI-GENERATED POLITICAL TV AND RADIO ADS: Not so fast says Commissioner Carr

29 May 2024
If you attended the LCOC last year then you are ahead of the game and already knew this year was going to be BIG for Artificial Intelligence, and man The…
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TWILIO IN TROUBLE?: Enterprising TCPA Complaint Seeks to Hold Twilio Liable for Illegal Calls Made by User’s Of its Platform And this Could Be MASSIVE

20 May 202419 Jun 2024
So a few weeks ago I became fed up with Twilio blocking legitimate communications and I said a few things about it. And so did numerous others. https://tcpaworld.com/2024/03/08/dude-twilio-knock-it-off-and-mef-just-made-the-czars-bad-side/ Well it…
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IF YOU SELL MEDICARE SUPPLEMENTAL OR ADVANTAGE INSURANCE PLAN THROUGH TELEMARKETING: you may no longer be in Mississippi

16 May 202417 May 2024
Yep, you heard that right, I wouldn’t go as far as to say it is banned but it is definitely a “we will call you do not call us” type…
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AARON FROM STATE FARM CALLING: Court Holds State Farm May Be Responsible for TCPA Violations of Independent Contractor Agent and the Walls Are Closing In

15 May 202419 Jun 2024
Aaron Franklin is an independent State Farm agent State Farm Chattanooga, Tennessee. His website boasts of his proximity to Volkswagen & Amazon and touts he has been proudly serving the…
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ONE, TWO PUNCH: Maryland Signs into Law Consumer Data Privacy, While Vermont’s BEAST of a Bill Awaits Signature

10 May 202410 May 2024
This week was busy in the world of Consumer Data Privacy both Maryland and Vermont passed their respective state law. Maryland’s Governor was fast acting and signed the bill the…
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UPDATES FROM THE STATES: Consumer Data Privacy with New Hampshire, Kentucky, and possibly at the FEDERAL level, oh my!

11 Apr 2024
The numbers keep climbing when it comes to Consumer Data Privacy with the states, we are now up to 15 states that have passed laws and many more are working…
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CMS ISSUES ITS 2025 FINAL RULE: Aligning with the FCC, CMS Requires TPMOs to Obtain Beneficiary’s Prior Express Written Consent Prior to Sharing Personal Data with Other TPMOs – Even If “Manually” Dialing!

4 Apr 20247 Apr 2024
Well, this shouldn't come as a surprise to anyone due to the recent increase in marketing regulations imposed on TPMOs. Today the Centers for Medicare and Medicaid Services ("CMS")  issued…
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OFF THE “SCRIPT”: Court Grants Motion to Compel Against SelectQuote in New TCPA Ruling.

4 Apr 20244 Apr 2024
Hello everyone. I hope you have all been enjoying March Madness as much as we all have. In the meantime, I wanted to share a recent and interesting ruling that…
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MAINE AND WISCONSIN SIGNED NEW BILLS EFFECTING TELEMARKETING INTO LAW: Here is what you need to know!

29 Mar 2024
A quick little update to the blog I posted last Friday. Maine and Wisconsin Governors both signed off on the pending bills this week. Let's dig in below! https://tcpaworld.com/2024/03/22/someone-or-should-i-say-some-states-have-been-busy-see-who-is-passing-new-telemarketing-bills-and-who-is-only-at-the-introduction-stage/ On…
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SOMEONE OR SHOULD I SAY SOME STATES HAVE BEEN BUSY: See who is passing new telemarketing bills and who is only at the introduction stage

22 Mar 2024
Because it has been a while and because it is Friday why don’t we start the weekend with a nice big glass of state telemarketing bills? A few updates on…
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HOUSE PASSED NEW BILL TO PROHIBIT DATA BROKERS FROM TRANSFERING SENSITIVE DATA TO FOREIGN ADVERSARIES

21 Mar 202421 Mar 2024
There is a fast-moving bill in Congress proposed by Frank Pallone. H.R. 7520 known as Protecting Americans’ Data from Foreign Adversaries Act of 2024 the goal is to “prohibit data…
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FCC SEEKING COMMENT ON HOW WIRELESS PROVIDERS COMMUNICATE WITH THEIR SUBSCRIBERS: Get your comments in by April 4th

13 Mar 2024
With the fast-paced world of TCPA and all the late-breaking updates don’t forget that the FCC has an FNPRM (Further Notice of Proposed Rulemaking) open until April 4th seeking comment…
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WHAT JUST HAPPENED TO THE NEW REVOCATION RULE: The FCC “Indefinitely Delays” the Majority Of The New Rules

5 Mar 20245 Mar 2024
I woke up so excited today to attend the 2024 Arizona Summit with the team. They are right here in my own backyard in sunny AZ. So much fun and…

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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.

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  • Contact the Team
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