Telemarketing – TCPAWorld

Telemarketing…

The Outer Limits: Calls to Inform Senders That Package May Be Destroyed Deemed Potential “Dual Purpose” Calls

19 Sep 201920 Sep 2019

As one of the most experienced TCPA litigators in the nation I am commonly asked to provide compliance advice to my clients. This can be challenging because the answer to…

SDOH Judge Denies Defendant’s ‘Artful’ Motion to Dismiss, Finds Pressing 1 Does Not Convert a Pre-Recorded Message to an Incoming Call

21 Aug 201922 Aug 2019

On Monday, Defendant LE Energy hoped to pull a rabbit out of their trick hat by arguing that Plaintiff made an incoming call to their call center, simply by pressing…

Telemarketing…

Yes, Offers of Employment Are Covered by the TCPA—They Just Don’t Require Written Consent

28 Jun 20191 Jul 2019

TCPAWorld is still full of folks making bad arguments. Mostly they're on the Plaintiff's side, but every once in a while.. Submitted for your approval—the Defendant who argues that text…

Telemarketing…

Hard Sell: Sixth Circuit Denies Vicarious Liability for TCPA Violations Against Third-Parties Providing Back-End Services to Telemarketers

10 Jun 201910 Jun 2019

The limits of agency and vicarious liability are constantly being tested in TCPAWorld and a recent decision may give some guidance (and a breather) to third-parties who supply services to…

Actions Speak Louder Than Words: Monitronics Fails To Escape TCPA Morass

8 Apr 20199 Apr 2019

The court’s latest ruling in the ongoing Monitronics TCPA litigation, (In Re: Monitronics International Inc., Telephone Consumer Protection Act Litigation, MDL No. 1:13-MD-2493 (Bailey), Doc. 1271, April 3, 2019) sends…

Class Actions…

Meaningful Telemarketing Involvement: Court Holds Provider of Virtual Callback Numbers Is Potentially Liable for TCPA Violations

1 Apr 20192 Apr 2019

A telemarketer contracted with the operator of dialing equipment to send unwanted telemarketing calls to the plaintiff. That’s a common fact pattern, and it isn’t that unusual for a plaintiff…

TCPA to be Amended?: A Fourth “Robocall” Bill Dropped Into the Legislative Hopper

8 Mar 201912 Mar 2019

The proposed robocall legislation bin is filling up this Congress. Although it comes with no fancy acronym like the TRACED Act (S. 151), REAL PEACE or HANG-UP Act (H.R. 1421),…

Class Actions…

Nothing Skinny About this $3MM Settlement: Jenny Craig Class TCPA Deal Receives Final Approval.

8 Mar 201912 Mar 2019

With an $840,000 fee award, class counsel in Bloom v. Jenny Craig should have no trouble paying for a gym membership. The Southern District of Florida gave final approval to…

Officer/Director Liability…

Thinly Veiled Liability: District Court Finds Pro-Se TCPA Plaintiff’s Attempt To Pierce The Corporate Veil Plausible.

6 Mar 20197 Mar 2019

As if the TCPA was not scary enough, a magistrate judge in the Southern District of Texas recently recommended allowing claims to pierce the corporate veil and hold individuals personally…

Telemarketing…

Can You Hear Me Now? Northern District of California Holds That The Entire Context Of A Prerecorded Message Must Be Considered In Determining Whether TCPA Coverage is Triggered

28 Feb 201928 Feb 2019

There’s not a whole lot of “common sense” in TCPAworld generally, but a ruling from last week—perhaps—holds the promise of a bit more sanity. Last week, in Chinitz v. NRT…

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