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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”

19Jul 201919 Jul 2019
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“The Results Are In – You DID Consent To These Faxed Advertisements!” – TCPA Claim Against Paternity Testing Facility Fails Based On Medical Center’s Decade-Old Prior Express Consent

How long does prior express consent last? Well, TCPAWorld, you are in luck – according to the Northern District of…

19Jul 201919 Jul 2019
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Moore v. CHW Group: TCPA Complaint Dismissed for Failure to Plead More

In a recent TCPA order, the Northern District of Illinois dismissed Plaintiff George Moore’s Complaint for failure to state a…

19Jul 201919 Jul 2019
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One of These Things Is Not Like The Other: Emails Are Not Subject To The TCPA, Even If You Get Them On Your Smartphone.

Common sense prevails: a Texas federal court holds that an email is not the same thing as a text message…

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A Brief Review of What’s Happening in TCPA Insurance Coverage Cases

21 Jun 201921 Jun 2019
TCPA World featured two blog posts in May (May 6 and May 31) that discussed two TCPA coverage cases.  In this post, we will cover some recent cases to see…
Congressional Action…

YET ANOTHER TCPA/ROBOCALL BILL: HELPING “LOCK UP” ROBOCALLERS

20 Jun 201921 Jun 2019
Not to be outdone by their U.S. Senate colleagues, six Members of the House of Representatives have introduced the bi-partisan Locking Up Robocallers Act of 2019, H.R. 3325. The lead…
FCC Action…

MORE BIG TCPA NEWS: BI-PARTISAN DEAL STRUCK ON HOUSE ROBOCALLS BILL

20 Jun 201921 Jun 2019
This morning House Committee on Energy and Commerce Chairman Frank Pallone (D-NJ) and Ranking Member Greg Walden (R-ORE) announced bi-partisan agreement on a composite robocall bill, which will also be…
FCC Action

Confusion Abounds: Supreme Court Questions Hobbs Act Deference Without Actually Deciding Hobbs Act Deference In PDR Network.

20 Jun 201921 Jun 2019
We’ve seen this play before. Everyone in TCPAWorld – plaintiffs, defendants, regulators, mere enthusiasts – anxiously awaits an appellate decision that will certainly bring clarity to the confusing morass that…
Uncategorized

BREAKING: SCOTUS Says FCC’s Hobbs Act TCPA Authority “Difficult to Answer”– Sends PDR Resources Case Back for More Work

20 Jun 201920 Jun 2019
The US Supreme Court issued its big opinion in PDR Network v. Carlton & Harris, today. Found here: PDR Resources The opinion--which was expected to answer the question of whether the FCC…
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Good News From FDCPAWorld: Court Holds Use Of Local Area Code Does Not Violate FDCPA

20 Jun 201920 Jun 2019
We typically limit our coverage to TCPA matters, but will venture into other consumer-protection matters when it touches on outbound calls to consumers. And because many residents of TCPAWorld are…
Uncategorized

Simple as That: Quick Hitting Decision Explains why TCPA Injunctions Are so Easy to Plead and Obtain

20 Jun 201920 Jun 2019
Injunctions are odd things. They amount to judicial decrees that limit or require conduct under the penalty of contempt. In most jurisdictions they are pretty hard to obtain and often…
Legislation…

Facing Hard Time: Congress Ratcheting Up Potential Criminal Penalties For TCPA Violations

18 Jun 201920 Jun 2019
With the TRACED Act, S. 151, safely passed and resting with the House Committee on Energy and Commerce, a quartet of Democratic Senators have turned their legislative attention to beefing…
ATDS/Human Intervention…

Two In A Row: Second New Ruling Holds Random and Sequential Number Generation Required to State TCPA Claim—Dismisses Case With Prejudice

17 Jun 201919 Jun 2019
As the Jester just reported, another court in the Northern District of Illinois found that random and sequential number generation is required to state an ATDS claim, restoring balance to…
ATDS/Human Intervention…

Counter-punch: Northern District of Illinois Pulls Back From Marks By Holding (Again) That An ATDS Requires Allegations Of Random Or Sequential Number Generation To Survive An Early Dispositive Motion

17 Jun 201919 Jun 2019
Early last week, as the Czar reported, TCPAWorld was a little taken aback by the Northern District of Illinois’s apparent abrupt departure from the district’s 2018 Pinkus decision, which had…
FCC Action…

“Game Changer” in Big ViSalus TCPA Trial: Did An FCC Ruling Just Undo The Potential $925MM TCPA Judgment?

17 Jun 201919 Jun 2019
Anyone who doesn’t believe that a petition to the FCC can help in the context of private litigation better listen up. By now you’re likely well aware of the big…
First Amendment

A Disturbing Trend: Ninth Circuit Joins The Fourth In Severing The TCPA’s Government Backed Debt Exemption

14 Jun 201917 Jun 2019
The First Amendment has long held a special place in constitutional jurisprudence. Given its importance to a well-functioning government and public discourse, courts take special care to enforce its protections,…
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BREAKING: Ninth Circuit Court of Appeals Finds TCPA Fails Strict Scrutiny– Severs Debt Collection Exemption to Save Statute

13 Jun 201914 Jun 2019
The Ninth Circuit Court of Appeals issued a ruling today in Duguid v. Facebook, 2019 U.S. App. LEXIS 17675 (9th Cir. June 13, 2019) following the approach of the Fourth Circuit…
Congressional Action…

House Robocall Legislation Taking Shape

12 Jun 201913 Jun 2019
With Congress back on Capitol Hill after its latest recess, reports are emanating that a compromise, composite House robocall bill is in the works. Reportedly, House Committee on Energy and…
ATDS/Human Intervention…

Outlier: As Robocall Battle Rages On Marks TCPA Analysis Followed for the First Time In the Northern District of Illinois

12 Jun 201913 Jun 2019
It is no secret that the Courts are spit to high heaven on the proper definition of automatic telephone dialing system (“ATDS”) found within the Telephone Consumer Protection Act. (“TCPA.”)…
FCC Action…

Get to Work!: Founder of Analytics Company Numeracle Joins Unprecedented to Explain What Callers MUST Do Now that Default Call Blocking Rules Are In Place

11 Jun 201912 Jun 2019
We're pretty good at staying on top of the trends here at TCPAWorld.com. (Remember that time we had the CEOS of YouMail and Hiya on our podcast the very same…
FCC Action…

FCC “Passes the Baton” on Stopping Robocalls to Carriers: Final Declaratory Ruling on Default Call Blocking Adopted— Caller Redress Mechanism Part of the Final Ruling

10 Jun 201912 Jun 2019
Well it is now officially official. Late on Friday the FCC formalized policies allowing carriers to block calls by default—using “reasonable analytics” to determine which calls are likely to be…
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…
ATDS/Predictive Dialer Cases…

Not A Relaxing Message: Plaintiff Defeats Motion to Dismiss Her TCPA Action Claiming Spa’s Use Of An ATDS To Send Text Advert

10 Jun 201911 Jun 2019
A decision last week from the Southern District of Florida illustrates the level of pleading detail necessary to survive dismissal of a TCPA claim predicated on the sending of text…
ATDS/Predictive Dialer Cases

A TCPA call is “made”: Successful Attempt Or Actual Receipt?

7 Jun 201910 Jun 2019
This was the central question addressed by the Eastern District of New York earlier this week in M.A. v. Nra Group, 2019 U.S. Dist. LEXIS 93444, 17–cv-7483 (NG) (RLM) (filed…
FCC Action

DEEPER DIVE: FCC Affords Legal Foundation For Aggressive Blocking Of Unwanted Robocalls

6 Jun 20197 Jun 2019
As earlier reported, the Federal Communications Commission (FCC) today approved a Declaratory Ruling affirming that “voice service providers may, as the default, block unwanted calls based on reasonable call analytics,…
Uncategorized

Breaking it Down: TCPAWorld.Com’s Archduke of the Realm Joins KCBS Radio to Discuss Impact of FCC’s New Call Blocking Proposal

6 Jun 20197 Jun 2019
Daniel Delnero Continuing our 360 degree coverage of the FCC’s new call blocking rules, TCPAWorld.com's own Archduke of the Realm—Daniel Delnero—joined KCBS radio in a live segment this morning to…
FCC Action…

It’s Official– Unanimous FCC Gives Carriers Right to Block Calls They Think You Don’t Want

6 Jun 201910 Jun 2019
In unsurprising but important TCPAWorld news today, the FCC has unanimously approved a rule allowing carriers to block calls the carriers identify as potentially unwanted using "reasonable analytics." As I…
Uncategorized

Article III Standing A Double-Edged Sword for TCPA Plaintiff Seeking Remand to State Court

5 Jun 20196 Jun 2019
Photo by Lum3n.com on Pexels.com In the post-Spokeo world, standing challenges are no longer commonplace for most TCPA defendants, with courts having largely held that the receipt of one call…

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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.

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