Class Actions – TCPAWorld

Court Dismisses Nationwide TCPA Class Action as Not Plausible–Even with Defendants Facing Wire Fraud Charges for Millions of RoboCalls!

A plaintiff must allege his injury with some plausibility to move forward with TCPA claims, even for claims against a TCPA scofflaw. That is the lesson from a recent opinion…

Court Stays Within the Four Corners–No Dismissal Despite Compelling Evidence of Consent

As law students learn during their first civil procedure course, courts generally take factual allegations "as true." This gives the plaintiff "a full opportunity to conduct discovery and thereby uncover…

Class Actions…

Junk Fax Class Action Survives Dismissal–Leaves Critical First Amendment Issues for Another Day

15 Mar 202115 Mar 2021

Sometimes what the Court does not address is the most interesting issue in an opinion. That's the case we are covering today. Scoma v. National Spine & Pain Centers, LLC,…

ATDS/Human Intervention…

A Pyrrhic Victory? D. Mass Adopts Marks And Holds A Text Is A Call

12 Mar 202112 Mar 2021

In what could be a very short-lived victory for the plaintiff, the District of Massachusetts just adopted the Marks ATDS formulation and held that a text is a call. See…

Class Actions…

Pharmacy Obtains Dismissal of TCPA Class Under Emergency Exception For Communicating COVID-19 Procedures

8 Mar 202115 Mar 2021

The TCPA does not prohibit all calls or texts. Among other exceptions, it carves out calls or texts made for an emergency purpose. The FCC has determined that Congress intended…

Venue Matters: California Court Rejects Plaintiff’s Attempt To Manufacture Venue And Dismisses Action Outright

8 Mar 20218 Mar 2021

In class action litigation – particularly TCPA class actions – procedural fights can be more important than substantive merits. And a recent decision from the Eastern District of California highlighted…

Partial Win for Company Facing Nationwide ATDS Class Action: Court cannot Exercise Personal Jurisdiction Over Out-of-State Named Plaintiffs, but Arbitration Clause “Unconscionable” and ATDS Allegations Sufficient

Facing a nationwide TCPA class action for calls allegedly made using an ATDS, DirecTV sought partial dismissal on multiple grounds: (1) the lack of personal jurisdiction over certain named plaintiffs;…

ATDS/Human Intervention…

Out With The Old, In With The New: Archduke’s 2021 TCPA Predictions

4 Jan 20215 Jan 2021

Welcome to 2021, TCPAWorld. May it be slightly less terrible than 2020. And on that note, here are my predictions for the TCPA and calling regulations in 2021. 1) Increase…

Michigan Court Refuses to Dismiss Fax Case on Pleadings Despite Agreeing that Fax Did not Describe Anything “Bought or Sold”

The TCPA only prohibits "advertisements" sent using a fax machine. So if a fax is not an advertisement, there is no liability. Simple, right? Not always. In a nuanced and…

No Double Recovery by Class Members: Revocation Class Stricken as Duplicative of No Consent Class

29 Oct 202029 Oct 2020

As abusive as the TCPA’s statutory damages of $500-$1,500.00 per call, some courts struggle with whether that recovery should be even higher. It is not uncommon for Plaintiffs to look…

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…

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

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

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…

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…

Class Actions…

“Be Sure to Order it”: PETA and Beyond Meat Embroiled in New Multi-Million Dollar TCPA Class Action For Robotexts Pushing Fake Meat

19 Mar 202022 Mar 2020

While TCPA filings are slowing down a bit—like everything else lately—the rules governing telemarketing text messages have not softened an ounce. Mass blast marketing messages remain subject to the TCPA—at…

When In Doubt, Wait for Clarity: Another Court Stays a TCPA Case Pending Supreme Court’s Review of Constitutionality of TCPA

26 Feb 202027 Feb 2020

As the Czar just explained yesterday, the big SCOTUS TCPA review is likely to have profound impact on the scope of the TCPA--and possibly our freedom to speak more broadly. Following…

ATDS/Human Intervention…

Radio Clash: Czar Joins NPR’s “On Point” Live Christmas Eve at 10 AM Eastern/7 AM Pacific

23 Dec 201922 Mar 2020

For those of you looking for entertainment on your holiday drive, look no further than NPR's live call-in show, "On Point," at 10 AM Eastern/7 AM Pacific. The Czar will…

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

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…

Settlement Reveals How Expensive the TCPA is Compared to Other Consumer Statutes

3 Dec 20194 Dec 2019

If you're reading TCPAWorld.com you know the TCPA is no ordinary statute. And rather obviously TCPA class litigation matters are among the biggest and most complex cases out there. While…

Class Actions…

This is HUGE! Eleventh Circuit Holds That Court Abuses Its Discretion Certifying a TCPA Case Containing Uninjured Class Members

18 Nov 201919 Nov 2019

For those of you that hate hearing me talk about being right all the time, probably stop reading this one now. One of the messiest splits of authority in the…

Class Members Thought They Would Get $900, but End Up With $22

15 Nov 201919 Dec 2019

Imagine expecting to receive a $900.00 settlement payday only to walk away with a check for 22 bucks! That’s what happened in Charvat v. Valente, No. 12-cv-05746, 2019 U.S. Dist.…

Class Actions…

Big TCPA Win For Debt Collector—Court Refuses to Certify TCPA Case Against Debt Collector Allegedly Calling Wrong Numbers Because Data Lies and So Do People

7 Oct 20198 Oct 2019

TCPAWorld followers have heard me crow a time or two about my big win in Tillman in which my client defeated certification in a TCPA wrong number code class case…

Class Actions…

Unmask The Real Class: Latest Disastrous TCPA Discovery Decision Shows Why Moving to Strike Class Allegations is So Essential

16 Sep 201917 Sep 2019

I’ve said it a hundred times—do not let failsafe class definitions or overly broad classes slip past the pleadings stage in TCPA class actions. Doing so sets you up for…

Ouch: California Debt Collector Hit With $267 Million TCPA Verdict

11 Sep 201913 Sep 2019

TCPA cases against debt collectors and first-party creditors are notoriously difficult to certify. They typically involve individual issues of consent and revocation that make certification impossible. But when a debt…

Spokeo Has Teeth!: Eleventh Circuit Holds Receipt Of A Single Text Message Does Not Confer Article Three Standing

28 Aug 201913 Jan 2020

The Supreme Court’s landmark decision in Spokeo v. Robins, 136 S. Ct. 1540 (2016), seemingly held so much promise for TCPAWorld. After all, how could a single phone call or…

Class Actions…

Don’t Play Dead: Another Court Certifies Default TCPA Class Action and Orders Invasive Class Discovery on Defaulted Defendant

19 Aug 201920 Aug 2019

It might work for opossums, but as I reported a few weeks back, playing dead in TCPAWorld is not a winning strategy—it just makes it easier for a court to…

Class Actions…

SDNY Joins “Chorus of Courts” Finding That Individual Issues of Consent Preclude Class Certification in “Wrong Number” Case

19 Aug 201920 Aug 2019

On August 14, 2019, the Southern District of New York became the latest court to deny class certification in a “wrong number” case, finding that any common issues regarding how…

Class Actions…

TCPA Quick Hitter: Court Rules Class Notice Need Not Advise Class Members They May be Deposed or Subpoenaed to Trial

15 Aug 201919 Aug 2019

Although I have been fortunate enough to defeat every certification effort I’ve been involved in to date--*knocking on so much wood*-- I have recently been called in to assist on…

Class Actions…

Too Cozy for Comfort?: Intriguing TCPA Adequacy Decision Illustrates Close-Knit Nature of TCPA Class Action Community

12 Aug 201914 Aug 2019

TCPA litigation is big business. TCPA class lawyers make millions for the right case and competition for good leads is fierce. As I have said many times, however, TCPA class…

Class Actions…

Ouch: Brutal TCPA Certification Ruling Uses Agency as Common Issue and Finds Defendant Waived Key Arguments While Failing to Introduce Necessary Evidence on Consent

9 Aug 201912 Aug 2019

Wednesday was a bad day for a TCPA defendant in a case down in San Diego. As I’ve said many times, strange rules exist in TCPA certification cases that do…

Class Actions…

Path Uncertain? Georgia Federal Court Claims Power to Certify TCPA Class Against Defaulting Defendant Based On Ambiguous Standards

2 Aug 20197 Aug 2019

If a defendant defaults in a TCPA case, can the plaintiff still seek class certification of his or her claims against that defendant? In Hobbs v. Entrevoice Virtual Sols., Inc., …

Class Actions…

One of These Things Is Not Like The Other: Emails Are Not Subject To The TCPA, Even If You Get Them On Your Smartphone.

19 Jul 201922 Jul 2019

Common sense prevails: a Texas federal court holds that an email is not the same thing as a text message and is not subject to the TCPA. See McCarrell v.…

Krakauer Saga Continues: District Court Makes Interesting Rulings on Parties’ Objections As It Slogs through Claims Administration Process

12 Jul 201915 Jul 2019

Well, TCPAWorld, here is a brief update on the Krakauer case, on which the Czar recently reported, wherein the Fourth Circuit deemed the TCPA’s DNC provisions a “Model of Clarity.”…

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

Squire Patton Boggs (US) LLP

555 South Flower Street, 31st Floor

Los Angeles, California 90071

213 689 6510