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Meet the Rulers of the TCPA World

Our Incredible TCPA Defense Team is Truly World-Class. We have one of the most experienced and knowledgeable TCPA defense teams in the world– backed by one of the most powerful legal names in the world– Squire Patton Boggs. Led by TCPAWorld’s lead author and editor–Eric J. Troutman– members of SPB’s…Continue reading “Meet the Rulers of the TCPA World”

24Jan 202024 Jan 2020

Evidence Preservation is Not Optional: Repeat TCPA Plaintiffs Score Big Sanctions Win Against Marketer Using a “Sever in India” to Store Call Records

TCPA class actions have a lot of moving parts and there a number of things that a Defendant must keep…

24Jan 202024 Jan 2020

No Looking Back: TCPA Cases Continue to Pour In as Uncertainty Surrounding Supreme Court Review Looms

We’ve counted over 50 new federal TCPA filings this week–most of them class actions–even in the shadow of the Supreme…

She Can Infer ATDS Claims, But Her FDCPA-Name Claim Fell Short

A TCPA claim for an ATDS violation cannot be a bare conclusion. On the other hand, you don't need to plead specific technical detail. Rather, a plaintiff only needs to…

Plaintiff Slips Arbitration, With Declaration

You can be bound to a contract you don't sign. For example, companies frequently enforce arbitration agreements on non-signatories, if the non-signatory benefited from the contract. How about a situation…

If You Don't Answer, You Lose

2 Jan 20202 Jan 2020

My colleague recently covered a serial TCPA plaintiff who won a sizable judgment after the Defendant failed to respond to his Motion for Summary Judgment. Along the same lines, in…

You Cannot Nail A Ghost, Especially With Flimsy Allegations

31 Dec 201931 Dec 2019

A Plaintiff tried to pin a company with TCPA liability based on a third party's calls, but the California district judge was not having any of it. In Abante Rooter…

HAPPY NEW YEAR – TRACED ACT BECOMES LAW OF THE LAND

31 Dec 201931 Dec 2019

The Pallone-Thune TRACED Act is now the law of the land. President Trump signed the bill yesterday. Enactment triggers a number of obligations under the statute regarding rulemakings and reports…

Federal Jurisdiction Win Sends Defendant’s Repo Action to State Court

30 Dec 201930 Dec 2019

Courts are clogged. That’s why we, and by we I mean all citizens of TCPAWorld, avoid draining judicial resources with actions that can be consolidated. Every once in a while…

REVOKING “CONSENT” TO FREE WIRELESS PROVIDER MESSAGES: FCC ASKED AGAIN TO RULE

As implemented by the Federal Communications Commission (FCC), the Telephone Consumer Protection Act (TCPA) allows wireless carriers to contact their customers without prior express consent, using autodialers or artificial/prerecorded voice…

Congressional Action…

UPDATED: TCPA Czar Joins NPR to Discuss TCPA, TRACED and Why We’ll Never Solve the Robocall Problem Relying on Old/Bad Laws (W/ PICS!)

26 Dec 20197 Jan 2020

It takes a lot to get the Czar out of the world-renown Squire Patton Boggs Podcast Studio 8H, but the chance to appear before a national audience on NPR's On…

ATDS/Human Intervention…

Radio Clash: Czar Joins NPR's "On Point" Live Christmas Eve at 10 AM Eastern/7 AM Pacific

23 Dec 201926 Dec 2019

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…

FCC SEEKS INPUT FOR CALL BLOCKING REPORT

23 Dec 201923 Dec 2019

Last June, the Federal Communications Commission (FCC) ruled, among other things, that voice service providers could offer consumers call blocking “on an opt-out basis,” giving consumers “the benefit of call…

Happy Winter Solstice!: Here Are Your Top 10 Biggest TCPA Stories As Determined by You–TCPAWorld.Com Readers

19 Dec 20197 Jan 2020

As many of you know, I stop work for the year on December 19 and retire for a long winter's nap. This year will be no exception and my last…

ITS ALMOST LAW: US SENATE PASSES PALLONE-THUNE TRACED ACT!

19 Dec 201926 Dec 2019

All we need now is for President Trump to sign the bill and its official.The US Senate today passed the Pallone-Thune TRACED Act, S.151. The Senate acted by unanimous consent…

The Dangerous (TCPA) World of Webform Submissions: Court Refuses to Compel Arbitration Because Plaintiff Claims He Never Actually Visited Website

18 Dec 201919 Dec 2019

Its a scene out of every old cop show. The suspect seated at a barren table has a light shown directly into his face while a gruff voice demands: “Where…

That Hurts: Digital Marketer Required to Indemnify Seller in TCPA Suit– Even Though It May not Have Made the Calls at Issue

18 Dec 201919 Dec 2019

Promoters often hire digital marketers to assist them with promotional campaigns. In today’s day, that often means using a text messaging platform to send out promotional messages for the campaign. …

SUPREME COURT TAKES A PASS ON DISH NETWORK CASE

17 Dec 201918 Dec 2019

Dish Network’s (Dish) effort to overturn a USD $61 million jury verdict in a class action for violations of the Telephone Consumer Protection Act (TCPA) may have come to the…

Doctor Who? Plaintiff’s Vicarious Liability Claim Against Doctor Dismissed for Lacking Specifics

16 Dec 201916 Dec 2019

A pro se Plaintiff's TCPA complaint was dismissed with prejudice. Here’s how: The Plaintiff was getting calls for medical services. He alleged the callers used an ATDS, and continued despite…

YIKES: MSJ Granted On “Serial Plaintiff” TCPA Claims- Maybe Defendant Should’ve Taken Case More Seriously Tho

16 Dec 201917 Dec 2019

As plaintiff Shelton filed a summary judgment motion for his claims under both TCPA and Pennsylvania Telemarketer Registration Act (“PTRA”), the court was apparently aware that Shelton had been a…

UPDATED: TCPAWorld.com Exceeds 100,000 Hits and a Big TCPAWorld Welcome to Jason Ingber

16 Dec 201917 Dec 2019

Well we are officially a big deal. The odometer has turned as TCPAWorld.com has exceeded 100,000 hits. How awesome is that? To celebrate we're giving all of our followers TCPAWorld.com…

Cheaters Never Prosper: FCC Proposes $10MM Fine On Man Who Used His Business Rival's Phone Number on Spoofed Robocalls

13 Dec 201919 Dec 2019

Last year 47,610 robocalls blew up people's phones in San Diego's coast, 6 days before their election vote for the 76th District. The robocalls had a pre-recorded politically charged message…

SENATE COMMERCE APPROVES ANOTHER ROBOCALL BILL

13 Dec 201916 Dec 2019

With the Pallone-Thune TRACED Act, S. 151, awaiting Senate floor action, the U.S. Senate Committee on Commerce, Science and Transportation has now favorably reported the Data Analysis Robocall Technology Act…

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

12 Dec 201913 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…

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…

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…

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