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It's a fast-paced world out there...

Don’t worry. We’ll help you keep up.

Meet the Czar of the TCPA World

Already one of the best known lawyers in the U.S. telecom legal space following the success of the TCPA.World brand, former Big Law partner Eric J. Troutman, has embarked on his next project. “I plan for Troutman Firm to take over the legal world.” Troutman quipped when discussing the launch…Continue reading “Meet the Czar of the TCPA World”

24May 202224 May 2022
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MEANWHILE IN WASHINGTON: New Law Taking Effect June 9 Requires Marketers to Honor “Indications” of Revocation and I’ve About Had It

Patchwork state-level regulations on nationwide telecom activity? Sounds fine. Vague phrases in statutes governing speech? No problem. (This is me…

24May 202224 May 2022
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DON’T MISS IT!: HUGE Webinar on Berman, Enforcing Arbitration Provisions, Avoiding Wrong Number Calls Set For June 2, 2022

So I plugged this during an “after dark” post last week, but we have a HUGE webinar coming up for…

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MORE IS MORE: FTSA Filings Pour In at Accelerated Clip

19 Apr 202220 Apr 2022
Haven't provided an update on FTSA litigation lately but it won't surprise anyone to hear that there is just a ton of it pouring in right now. We know that…
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TCPAWORLD AFTER DARK: Incredible Group of Women Business Leaders Gather in the Desert to Plot World Conquest (And Drink Margaritas)

18 Apr 202220 Apr 2022
So a ton of folks have been talking about this and I think it is really cool so I figured I’d report on it. Amanda Farris over at Phonexa dreamed…
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CLASS NOTICE IS JUST NOTICE: Court Rejects TCPA Defendant’s Efforts to Frontload Ascertainability Effort into Class Notice Paradigm

18 Apr 202219 Apr 2022
14 years ago before I handled my first piece of class litigation I sat down in a local coffee shop--a place called Kaffa that used to be really good--and read…
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SECOND CHANCE: Court Bails Out Defendant That Asserted Boilerplate Objections–Gives it a Second Chance to Assert Specific Objections

18 Apr 202218 Apr 2022
Well you don't see this everyday. As I am often heard to discuss, boilerplate objections are not permitted in federal court. And class action defense lawyers that rely on such…
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REAL QUICK–Court Holds FTSA Claim Can Be Pursued in State Court REGARDLESS of Concrete Harm

15 Apr 2022
So remember that time not long ago when Squire's TCPA team landed that huge first in the nation result holding that TCPA claims cannot be brought in Florida state court…
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WOAH: Court Holds “STOP” Response to a Text Message Sufficient to Terminate an EBR–And That’s a HUGE Deal

15 Apr 202218 Apr 2022
TCPAWorld is full of so many little nuances. I am commonly asked whether the receipt of a "STOP" text constitutes a valid revocation for TCPA purposes. While the answer is…
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MORE BIG SPEAKING GIGS ANNOUNCED: The Czar Will Be Speaking in NYC, Huntington Beach, CA and–Of Course–Las Vegas, NV

14 Apr 202218 Apr 2022
Well with BIG MARCH in the rear view mirror--that was a lot of fun--its time to look forward to the next series of HUGE speaking gigs the Czar has lined…
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DOUBLE STRIKE OUT: No. 7 Is Making it Look TOO Easy As a TCPA Defendant Loses Six Straight Arguments

14 Apr 202215 Apr 2022
As I often remind folks, I literally created TCPAWorld.com to help educate and organize the defense bar to be more effective in defending TCPA cases. The goal was to neutralize…
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“A VERY PROFESSIONAL JOB”: Credit One’s Counsel Commended By Federal Court as Plaintiff Accused of Manufacturing Case Has to Pay Another $73k

13 Apr 202214 Apr 2022
So I sometimes take some heat for calling out bad lawyering out there. Unlike most attorney bloggers--who are probably afraid their own poor lawyering might one day come under scrutiny--I…
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TCPAWORLD’S FIRST EVER POLL! (HOW FUN): Which LOGO Do You Like Best

11 Apr 202213 Apr 2022
No context here. Just throwing out some designs. Poll at the bottom. Which is the most compelling to you: Number 1 Number 2 Number 3 Number 4 Number 5 Number…
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STUCK: Court Denies Motion to Stay FTSA Case Pending Potential Amendment After Legislative Session Ends

11 Apr 202213 Apr 2022
So quick one for you TCPAWorld. Earlier this year there was a lot of buzz and excitement around a potential revision to the Florida mini-tcpa to address some of the…
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SWEEPSTAKES ENTRY DOES NOT CREATE AN EBR: Court Answers One of the Few Undecided Questions in TCPAWorld–And its Not Good News For Callers

8 Apr 202211 Apr 2022
Everyone wants to attract new customers. And one really fun way to do so is with a sweepstakes. While a sweepstakes is a nice way to get folks to recognize…
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EXPENSIVE TRUTH: Just Because a Litigator Has Filed a Lot of TCPA Suits–and Does it For a Living–Doesn’t Mean They Lack Standing to Sue YOU

8 Apr 202211 Apr 2022
Every once in a while its good to check in and remind everyone on the state of affairs when it comes to repeat litigators. There's a big push to avoid…
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GET READY FOR OKLAHOMA: OK Mini TCPA Passes Another Critical Hurdle on the Way to Becoming Law

7 Apr 2022
Well the Florida mini-TCPA survived a brush with the dustbin earlier this year, and other states are in full copycat mode. Oklahoma is first in line for some reason. A…
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THIS MAY CHANGE EVERYTHING: The Ninth Circuit Just Refused to Enforce an Online Disclosure Form–and Its a HUGE Deal

7 Apr 20228 Apr 2022
Editor's note: An earlier version of this article addressed the need for standards on lead generators. Definitely need those. But wanted to note that the good folks--and my good friends--at…
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20MM MARKETING CALLS TO SELL 560 CRUISE TICKETS: Ninth Circuit Holds Cruise Company Can be Liable Where Volume of Warm Transfers Generated from Opt In Websites “Implausible”

6 Apr 20228 Apr 2022
The McCurley v Royal Seas TCPA case is the stuff of legend. Bad legends. Like ghosts in dungeons. Or Morbius. It was the first certification ruling looking at calls to purported…
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POSITIVE TREND: Courts Are Increasingly Pushing Back on Threadbare Prerecorded Call Allegations

5 Apr 20225 Apr 2022
 Quick little insight for you TCPAWorld. As I've been covering, the Courts have been depressingly lenient on plaintiffs filing ATDS cases post-Facebook. Some even suggest that threadbare ATDS allegations are…
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BIG TCPA NEWS: FCC Chairwoman Suggests More Authority from Congress is Needed to Fight Robocalls

5 Apr 20227 Apr 2022
Pretty big news here folks. In a letter sent to Congress late last month, FCC Chairwoman Jessica Rosenworcel has suggested in a letter that further Congressional action may be needed…
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BILLY HOWARD JOINS THE FRAY: Consumer Protection Firm’s First FTSA Filing May Signal Widening Appeal to State Suits

4 Apr 20226 Apr 2022
We've been monitoring the Florida Mini-TCPA filings since the statute passed back in July, 2021 and there have been TONS of them. Not withstanding the volume, there have been a…
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REAL ESTATE AGENT TCPA RISK: Major Realty Company Suffers Massive TCPA Certification Loss Involving Mojo and PhoneBurner Systems

4 Apr 20225 Apr 2022
This is another big one folks. The Plaintiff's bar--particularly "#7" Avi Kaufman--have been pursuing realty companies for the acts of their agents. These are particularly difficult cases to pursue and…
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NO FOOLIN’: Court Finds Threadbare ATDS Allegations Sufficient to Survive Pleadings Stage Post Facebook

1 Apr 20224 Apr 2022
Happy New Year everyone! Here in TCPAWorld it is officially Year 1 P.FB. (Post-Facebook.) As I explained yesterday, the Courts are far from arriving at a pleadings standard for ATDS…
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ITS OFFICIAL!: New Poll Confirms that Americans Hate High Gas Prices More than Robocalls!

1 Apr 20224 Apr 2022
It looks like something has finally surpassed American's disdain for robocalls--the high prices at the pump. In a new poll released today by the Hedgehog Research Institute, Americans have made…
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PLEADING WARS: Courts Are In Complete Disarray as to the ATDS Pleadings Standard a Year After Facebook

31 Mar 20221 Apr 2022
So tomorrow is the HUGE one-year Facebook anniversary webinar that everyone is talking about. Been checking out some coverage from some of the "other guys" recently and, I must say,…
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TCPA QUICK HITTER: Yes, Prerecorded Calls Are Actionable Even if They Aren’t Marketing

31 Mar 202231 Mar 2022
Ok, so some TCPA basics this morning. The TCPA has two primary provisions that lead to most of the lawsuits out there. First, you cannot use regulated technology--ATDS and prerecorded/artificial…
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BAD GUYS TAKE NOTE: Submitting a Fake Consent Form to Set Up a TCPA Suit is Fraud– Court Allows Claim for Recovery of Fees

31 Mar 20221 Apr 2022
As folks know, manufactured lawsuits continue to plague TCPAWorld. Gross as it is to say, people literally go onto websites and fill in fake information with their phone number to…
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SETTING STANDARDS: Responsible Entities Against Consumer Harassment (R.E.A.C.H.) Trade Group Getting Closer to Reality

30 Mar 202231 Mar 2022
And then there was a name... Responsible Entities Against Consumer Harassment (R.E.A.C.H.) isn't a thing yet. But it is getting closer to become reality. A new trade organization designed to…
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Par for the Course: Court Allows Treble Damages Claim to Proceed in Overruling All of TCPA Defendant’s Arguments

30 Mar 202231 Mar 2022
A good motion to dismiss can end a case outright. Many Defendants, however, seem to bring motions that really have no chance in TCPA suits. Here's a quick example. In Rose…
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FCC ANNOUNCES ADDITIONAL ROBOCALL INVESTIGATION PARTNERSHIPS

29 Mar 2022
The Federal Communications Commission (“FCC”) Chairwoman Jessica Rosenworcel announced on March 28, 2022 that seven additional district and state Attorneys General are now partnering through Memoranda of Understanding (“MOU”) with…
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VANISHING POINT: Eighth Circuit Court of Appeals Issues GREAT ATDS Ruling That Doesn’t Quite Get It

29 Mar 202230 Mar 2022
Well TCPAWorld has its first REAL appellate level ATDS ruling posting Facebook--and it is seemingly a Defendant's dream. Except, it only analyzes half the ATDS issue--and the wrong half at…
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Quick and Dirty: “Click and Pause” Allegations Sufficient to Survive Pleading Stage–Warm Transfer Enough to Show Vicarious Liability

29 Mar 202230 Mar 2022
Every once in a while I'll have a client tell me they can't be liable for a call because all they did was accept a warm transfer--they didn't make the…
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ANOTHER STANDING WIN: Court Finds Receipt of a Single Ringless Voicemail Causes No Harm-Dismisses Case

29 Mar 202229 Mar 2022
So ringless voicemail cases continue to generate diverse results in TCPAWorld. As readers know, Squire's TCPA team had a HUGE win recently when a STATE court determined that a case…
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NO EXEMPTION: Inquiry to Healthcare Provider Not Sufficient to Trigger Healthcare Provider TCPA Exemption, Court Holds

28 Mar 202229 Mar 2022
The TCPA's healthcare-related exemptions can sometimes prove confusing. Back in 2012 the FCC established that healthcare related messages by HIPAA covered entities may be sent without express written consent--even if…
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More Bad News: Another Court Holds Predictive Dialers Can Still be Autodialers After Facebook

28 Mar 202229 Mar 2022
The seesaw battle continues. This Friday will mark one year from the Supreme Court's Facebook decision--and will also mark one of the biggest webinars ever--but the courts continue to struggle with the…
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REMINDER: BIGGEST Webinar of the Year is Just One Week Away–Facebook One Year Later

25 Mar 202228 Mar 2022
Well it is nearly 1 year to the day that the Supreme Court handed down Facebook.  I've seen a of other firms putting out content related to the opinion and its…
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TCPAWorld After Dark: Manny Hiraldo Gets to Depose Three Employees in TCPA Suit Because Litigation

24 Mar 202228 Mar 2022
So its late, and one of my beloved Pac 12 teams just bit the dust. But quick and interesting little case for you. As most litigators know, there is a…
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DOUBLE WHAMMY: New GREAT Ruling Confirms Offers to Buy Are not Solicitations and Helps on ATDS Issue

24 Mar 202226 Mar 2022
Love seeing a little "two birds with one stone" action in TCPAWorld. In Wilbor v. Gg Homes, Case No.: 21cv226-LL-BGS, 2022 U.S. Dist. LEXIS 52065  (S.D. Cal.  March 22, 2022)…

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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).

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: troutman@troutmanfirm.com

530 Technology Drive, Ste 200

Irvine, CA 92618

213 689 6510

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