Uncategorized – TCPAWorld

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

12 Dec 201912 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…

FCC Rules E-Faxes are Outside the TCPA

11 Dec 201911 Dec 2019

Remember how fax machines bleeped; kind of sounded like the internet dial-up tone? Well, the FCC essentially ruled that unless a fax is sent to a machine that makes that…

Czar Takes the Stage at the Big TCPA Summit in 30 Minutes!

All right, here I go. Just 30 minutes until I speak at the biggest TCPA-only conference of the year--DNC.com's annual Florida TCPA summit. The venue is gorgeous and it is…

Magistrate Judge Reinhart Flattens Attempts to Broaden Discovery

In Grigorian v. Tixe Realty Servs., Case No: 19-81106-CIV-ROSENBERG/REINHART, 2019 U.S. Dist. LEXIS 206451 *; 2019 WL 63071911, Magistrate Judge Reinhart shut down Plaintiff's requested reconsideration of an earlier ruling…

TCPA Quick Hitter: Ringless Voicemail Platform VoApps Hits back Again at TCPA Suit Involving DirectDrop Product

5 Dec 201912 Dec 2019

After a sleepy start to the ringless voicemail TCPA battle the folks over at VoApps have certainly woken up and are now fighting like mad. As we reported a few…

First to File a Class Action is Not Enough to be Heard First

Early bird did not get the worm in Pena v. Heath, Case No. 1:18-cv-24407-UU, 2019 U.S. Dist. LEXIS 206006. Two rival TCPA class action Plaintiffs (and Plaintiff firms) jostled at…

What is a Prerecorded Call for TCPA Purposes?: The Czar and the Baron Speak with the FCC to Push for Clarity on this Critical Issue

4 Dec 20195 Dec 2019

Well, here’s where the big teaser pic from last week pays off. As our readers know, the Baron and I have been spearheading the push for clarity on the issue…

HOUSE PASSES PALLONE-THUNE TRACED ACT

By a vote of 417-3, the U.S. House of Representatives today passed the Pallone-Thune TRACED Act, S.151. The bill now moves on to the U.S. Senate, where Senator John Thune…

Congressional Action…

COMPROMISE ROBOCALL BILL PASSES HOUSE: Pallone-Thune TRACED Act ON TO THE SENATE

4 Dec 20195 Dec 2019

Well that didn't take long. Just last Wednesday we reported that the text of the so-called Pallone-Thune TRACED Act--the "compromise" robocall bill merging elements of the House's original Stopping Bad…

Another Surgery on the TCPA by a District Court

Another court holds the TCPA is unconstitutional, but we can keep it kosher by just removing that part. What? You’re shook. As the newest member of TCPAWorld’s defense team, I…

HERE IT IS– PALLONE-THUNE TRACED ACT SUMMARY OVERVIEW

3 Dec 20194 Dec 2019

The following summary overview of the provisions of the Pallone-Thune TRACED Act, S. 151, currently under consideration by the US House of Representatives, is not a substitute for consulting the…

SUPREME COURT SAYS “NO” TO DR. MAUTHE

Remember Dr. Robert Mauthe? As we reported back in May, Dr. Mauthe received an unsolicited fax from Optum, Inc. and Optum Insight, Inc. (together, “Optum”), both of which maintain and…

BREAKING TCPA NEWS: Don’t Leave for Thanksgiving Just Yet! Text of New Compromise “Robocall” Bill Just Released–and its Huge!

27 Nov 20193 Dec 2019

Well it has been a long time coming but Congress just released the compromise bill that appears highly likely to pass both chambers and will modify the Telephone Consumer Protection…

Happy Thanksgiving TCPAWorld!: We’re Serving Up the Top 10 TCPA Stories of 2019 You Should Be Grateful For This Holiday

27 Nov 20193 Dec 2019

Every year I do a piece on scary TCPA stories for Halloween. This year I figured I'd start a new tradition and identify the top TCPA stories we should all be thankful…

Judgment Day: $190k Judgment Against Credit One Bank Entered Following Grueling TCPA Saga—Calls Made to Disconnected Phone Deemed Actionable

26 Nov 201927 Nov 2019

We all knew this day would come. But we didn't know it would hurt quite this badly. After a months-long battle over the proper application of the TCPA, Credit One…

Clickbait?: Here’s That Wildly Popular CCPA/TCPA Webinar You Missed And an Unrelated Picture of Me at the FCC Today

25 Nov 201927 Nov 2019

Its been a pretty wild month of November for me. Wrapping five speaking gigs with a set of all-important meetings with the FCC today made for quite the whirlwind. Figured…

TCPA Roller Coaster: Plaintiff Makes $30MM Mistake at Trial But the Court Bails Out the Class Anyway

25 Nov 201926 Nov 2019

On my recent speaking tour I have been observing that no Defendant has yet won a trial in a certified TCPA case. Think about that—every single Defendant to take…

Ringless Voicemail…

TCPA News In Brief: Ringless Voicemail Defendant Keeps Up the Pressure With Motion to Strike Plaintiff’s Expert Report

25 Nov 201926 Nov 2019

As we reported last week, the TCPA ringless voicemail Defendant involved in the big Saunders suit has gone on the offensive and moved for summary judgment in the suit. If the motion…

Ringless Voicemail…

UPDATED: Going on the Offensive: Ringless Voicemail TCPA Defendant Seeks Major Ruling DirectDrop Is Not Covered by the TCPA

21 Nov 201925 Nov 2019

Now we’re talking. As I reported a few weeks back, ringless voicemail juggernaut VoApps “fired the cannons” in opposing a brief summary judgment motion filed by the Plaintiff in the…

Up All Night: Will the TCPA Czar Be Ready for the Big CCPA Cross-Over Webinar Wednesday AM?

19 Nov 201921 Nov 2019

So I didn't realize this was going to be such a big deal. Apparently many hundreds of people have already signed up to attend my huge (and getting huger by…

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…

FEDERAL ROBOCALL LEGISLATION: “AGREEMENT IN PRINCIPLE”

Fresh on the heels of the latest TCPAWorld report, leaders of Congressional efforts to craft compromise robocall legislation announced late Friday an “agreement in principle” on the Pallone-Thune TRACED Act.…

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