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“NO HALF MESAURES”: Did a Needless Gamble in the Briefing Help Doom Abortion Rights in America?

24 Jun 2022
As readers of this blog know, there is nothing I find more fascinating that exploring the impact of decisions made by lawyers on the ultimate outcome of cases. As I…
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R.I.P. Roe: The Government Won Today. The People–All of Them–Lost

24 Jun 202224 Jun 2022
Abortion presents a profound moral issue on which Americans hold sharply conflicting views. Some believe fervently that a human person comes into being at conception and that abortion ends an…
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HAPPYNESS: A Court in a TCPA Case Just Gave One of the Cleanest Explanations of Personal Jurisdiction I Have Ever Seen and It Makes Me Smile

24 Jun 202224 Jun 2022
So I'm pretty much famous for taking complex legal issues and making them simple and understandable. Well a federal judge in PA just out did me at my own game.…
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TCPAWORLD After Dark: Lawyer Who Successfully Argued Facebook Appeal Wins Big Case–Leaves Big Law

23 Jun 202224 Jun 2022
Was just thinking to myself today I wonder who argued the big Second Amendment case decided today. Wouldn't ya know it, it was Paul Clement. The same guy who argued…
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STILL HIRING: FTC Posts ANOTHER Want Ad–Seeking Lawyers to Prosecute Enforcement Actions or Marketing and Privacy Violations

23 Jun 2022
So, as we have been reporting the FTC is back to full strength and is ready to get down to some skull cracking. Today they posed an add seeking apparently…
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So I just Got Off the Phone With Congress…

23 Jun 202224 Jun 2022
So when official government communications from Congress started getting blocked by the carriers, who do you think the Feds turned to for help? Of course, the Czar. Just had a…
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Credit Card Issuer Wins Big ATDS Ruling in TCPA Suit Arising out of Debt Collection Calls

23 Jun 202224 Jun 2022
Hello everyone, Baroness here :) A good ruling in the Kentucky District Court recently. Here are the facts you need to know: On or about March 7, 2014, Plaintiff David…
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CcW in pics…

22 Jun 2022
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IN CASE YOU MISSED IT: Great [VIDEO] Sprint Through the New Washington State Marketing Law Now Available

21 Jun 2022
Those of you following our You Tube channel already saw this. But for any of you slow pokes who aren't following it yet, here is a great video (12 minutes…
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FTSA PARADE: Florida’s Mini-TCPA Continues to Generate a Steady Drumbeat of Litigation–is Oklahoma Next?

21 Jun 202223 Jun 2022
Here's your latest installment of FTSA litigation on parade. As you can see there are a ton of new filings. Every vertical. Mostly text message cases, however. CAMILA ESPINOZA VS…
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THANKS AGAIN TO AMERILIFE!: Tons of Fun Joining Their Retirement Panel at Medicarians, 2022

20 Jun 2022
In case you missed it, the good folks at Amerilife had Queenie (Digital Thrive's Puja Amin), the Baroness (Brittany!) and I (the Czar) on their cool Retirement Panel program, LIVE…
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TCPAWORLD ON FIRE: Here are All the MOST IMPORTANT TCPA-Related Stories in One Place

20 Jun 202223 Jun 2022
A bunch of folks have pointed out to me recently that it feels like the TCPAWorld is starting to evolve extremely quickly again. For a few months there it was…
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MACY’S CREDIT SUED FOR PRERECORDED CALLS: Retailers Back in the TCPA Crosshairs?

17 Jun 202220 Jun 2022
Retailers have had a rough few years as Amazon and COVID have more or less crushed the idea that people want to go to the store for stuff. One of…
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TCPAWORLD AFTER DARK: Big Firm Partners Paying Themselves $8.4MM A Year Because its Just YOUR Money…

16 Jun 202216 Jun 2022
An Above the Law Report out today says partners at one Big Law firm made $8.4MM each. They paid themselves $8.4MM each.  With their client's money. Anyone else have a problem…
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CHECK YOUR CALENDAR: A Bunch of Awesome TCPAWorld Engagement is Coming Your Way Soon!

16 Jun 202217 Jun 2022
So we just dropped our first episode of the Deserve to Win Podcast this week and everyone is talking about it. Glad you folks like it. We put a lot…
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Let’s DIG Into CMS’ 2023 Medicare Advantage & Part D Final Rule — Effective June 28, 2022!

16 Jun 202220 Jun 2022
Queenie here -- giving TCPAWorld followers the first look at Digital Thrive's June Newsletter where I break down CMS' new marketing and communications requirements aimed at strengthening oversight of third…
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COURT RULES AGAINST POOR PLUMBING COMPANY: How to Show Good Cause

16 Jun 202216 Jun 2022
Hi guys! Brittany here. An interesting case came out the other day and thought I would share it with you all. Let's get to it. Jill Adler filed suit against…
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CREASY LIVES ON!: Texas Court Finds TCPA Unconstitutional During Critical Timeframe-Here’s the First Amendment Backstory

16 Jun 202220 Jun 2022
So, the TCPA is unconstitutional. Let's just start with that. While the DNC provisions are just fine, the regulated technology provisions represent the single broadest restriction on constitutionally-protected speech in…
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NIHLISM: Third Circuit Court of Appeals Holds Everything is an ATDS–But that it Doesn’t Really Matter Anyway (Chaos Ensues)

15 Jun 202216 Jun 2022
Deep down, I'm a philosopher. Or, to use the more accurate term--a metaphysicist. I love looking beyond the obvious to see what lies underneath. What is actually driving outcomes. And…
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BREAKING: Third Circuit COA Issues STUNNING ATDS Case–Determines SQL Database Part of ATDS “Equipment” But Only ACTUAL USE of ATDS Functionalities Trigger Statute

14 Jun 202215 Jun 2022
Well folks, this might be the single most baffling ATDS ruling yet. The Third Circuit Court of Appeals today held that a lower court erred when it determined Navient's SQL…
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HOPE YOU ENJOY!: The Deserve to Win Podcast (Ep. 1) with THE WOLF of the TCPA–Anthony Paronich–is AVAILABLE NOW!

14 Jun 202215 Jun 2022
Well folks I have been teasing this for long enough. Here it is--our first episode of Deserve to Win.  I think you're going to love it. We discuss: The huge…
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RED ROBIN WINS BIG: Company Purveys Tasty Burgers AND Big ATDS Wins

14 Jun 202214 Jun 2022
Until now Red Robin was famous for their bottomless fry cups--with that savory seasoning salt. My kids love that place. But now they might be famous for big ATDS victories.…
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COUPLE MORE SNEAK PEAKS: The Deserve to Win Podcast (Episode 1) Drops TOMORROW–But here Are a Few More Tasty Morsels to Hold You Over

13 Jun 202214 Jun 2022
Huge amount of excitement out there over the first episode of the podcast dropping tomorrow and I love to see it. Tons of great engagement. I can tell TCPAWorld is…
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Hot CIPA Summer: Internet “Wiretapping” Claims Are Heating Up in California–Here’s Why They Shouldn’t Be

13 Jun 202214 Jun 2022
All right so I have been bombarded with questions about Javier over the last 10 days or so. Everyone wants the Czar's take. So let me give it to you. First, here…
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WAIT!: You CANNOT Go into the Weekend Without Hearing from Anthony Paronich on the Deserve to Win Podcast!

10 Jun 202213 Jun 2022
Well folks, its almost here. The Deserve to Win Podcast (Episode 1) will drop Tuesday(!). But ahead of the big premier you have to see some of these clips. As…
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HOLD ONTO YOUR HATS: Interlocutory Appeal Granted in Case that Could Determine the Fate of Facebook’s FN7

10 Jun 202210 Jun 2022
Everyone in TCPAWorld has been closely following the Facebook Ruling Resource Page, where we have tracked every ATDS decision handed down by the district courts since Facebook. Even a quick look at the…
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FIGHTS COMING: FTC Hiring Litigation Support Specialists for Bureau of Consumer Protection/ Division of Litigation Technology & Analysis

10 Jun 202210 Jun 2022
So we have been warning you that the newly-constituted FTC is now back to full strength and likely to become very active--particularly with respect to digital marketing and telemarketing. The…
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Reminder: New Washington Telemarekting Law Goes Into Effect TODAY

9 Jun 2022
See here https://tcpaworld.com/2022/05/24/meanwhile-in-washington-new-law-taking-effect-june-9-requires-marketers-to-honor-indications-of-revocation-and-ive-about-had-it/ Also never blog while driving.
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HEARWHAT?: Lindenbaum TCPA Defendant Wins Big on Remand Because Plaintiff Can’t Solve the Hearsay Rules

9 Jun 202210 Jun 2022
I love the rules of evidence. I know that doesn't surprise you. I love the rules of everything--so long as they're black and white. And the rules of evidence are…
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TCPAWORLD QUICK HITTER: Creasy is Dead Pretty Much Everywhere

9 Jun 202210 Jun 2022
So, super busy day for me--just got back from three days at Medicarians and need to work!--but wanted to give you a quick update on Creasy. Ever since the Sixth Circuit…
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GOOD REMINDER: Court Holds TCPA “Not Intended to Stop a [Company] From Calling its Customers”

8 Jun 202210 Jun 2022
Well here's a breath of fresh air. It seems like everyday I have something grim or unpleasant to report about the TCPA. As every TCPAWorld reader knows the Plaintiff's bar…
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This is how it is…

7 Jun 2022
https://youtu.be/zxDd_zio4pY You are all witnesses.
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MERGER DANGER: New TCPA Decision Explores Successor Liability In the Wild West of TCPAWorld

7 Jun 20229 Jun 2022
The laws around corporate structure in TCPAWorld are a bit of a mess. In the first place, personal liability is available in most instances--even where a corporate officer director or…
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THE OLD 9999 SCAM?: Plaintiff Alleges Defendant Made 5000 Illegal Phone Calls to his Number–But is it a Set Up?

7 Jun 20228 Jun 2022
So ostensiby the case of Mongeon v. KPH Healthcare, 2022 WL 1978674 Case No. 2:21-cv-00195 (D. Vt. 06/06/2022) is simply a case about the definition of "consumer" under the Vermont Consumer…
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WHAT HAPPENS IN VEGAS DOESN’T VIOLATE THE TCPA: Court Gives Treasure Island’s AI Text Bot “Ivy” a TCPA Pass—But Did it BUST On the Ruling?

6 Jun 20227 Jun 2022
Happy Monday! Queenie back. So I am on my way to Vegas to speak at Medicarians—literally at the airport—and wouldn’t you know it, a cool Vegas story just showed up…
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Here is What an Ancient Text Says About What Should Happen When a Judge Makes the Wrong Decision

6 Jun 2022
So I was reading the Code of Hammurabi (one of the first codes of law ever written) last night--this is the sort of thing I do for fun--and I was…

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