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The World of the Telephone Consumer Protection Act

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Author: Shiqi (Sara) Borjigin

Shiqi (Sara) Borjigin, the Baroness, is a Litigation associate in the firm's Los Angeles office, focusing on matters concerning the Telephone Consumer Protection Act (TCPA).
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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…
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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

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

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

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…
Uncategorized

FCRA Alert: the Spike Is No Fluke

26 Feb 2020
In case you are not aware of this, lawsuits alleging violations of the Fair Credit Reporting Act (“FCRA”) have increased dramatically over the past decade. We have seen a plateau…
Uncategorized

Clickwrap Agreement: Consent or Not Consent, That Is A Question

24 Feb 2020
When plaintiff Rojas tried to register and access job postings on defendant GoSmith’s website, he was able to see, adjacent to a check box near the bottom of the webpage,…
Uncategorized

Happy Lunar New Year: Court Can’t Hold Mr. CEO Individually Liable for TCPA Violation Merely Because He Is the Mr. CEO

24 Jan 2020
On this last day of the lunar year of 2019, I am sharing a recent case here, part of which may be favorable for some of you, if you are…
Uncategorized

Another Case Holding Random or Sequential Number Generation Is Required For An ATDS under the TCPA

14 Jan 202015 Jan 2020
While the world is all watching curiously to see whether the SCOTUS will swing the axe this time at the TCPA's content-specific exemption, a decision yesterday by the Middle District…
Uncategorized

TGIF: SCOTUS Grants Petition to Review Constitutionality of TCPA Provision

10 Jan 202013 Jan 2020
This came in while I was mixing two bags of different flavored tea together in making my afternoon treat (yes, and why not? It’s a Friday afternoon). And I almost…
Uncategorized

YIKES: MSJ Granted On “Serial Plaintiff” TCPA Claims- Maybe Defendant Should’ve Taken Case More Seriously Tho

16 Dec 201917 Dec 2019
As plaintiff Shelton filed a summary judgment motion for his claims under both TCPA and Pennsylvania Telemarketer Registration Act (“PTRA”), the court was apparently aware that Shelton had been a…
Uncategorized

Czar Rocks The TCPA Summit Earning Huge Praise From Attendees – And Lots Of Selfie Requests

12 Dec 201913 Dec 2019
The annual dnc.com TCPA summit in St. Pete's is always one of the year's biggest TCPA events, and this year was no exception. A packed-house of attendees spent 8 glorious…
Class Actions

Seeking Court’s Approval of Class Settlement? Try Again!

12 Dec 2019
After an initial failure to obtain court’s preliminary approval of class settlement in a total sum of six million dollars, the parties filed another motion seeking approval of settlement in…

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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).

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Contact: eric.troutman@squirepb.com

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245 Federal TCPA Filings through February 25, 2021 with 139 class action suits.

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  • SPB’s Insanely Popular Unprecedented [VIDEO!] Podcast– w/ 21 Outstanding Episodes
  • TCPA TODAY Audio Format Blogs
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