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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”

TCPA CLAIM PROCEEDS AGAINST NRSC: Generic Campaign Texts Might Have Been Sent Using ATDS Court Finds

As we reported earlier in the year, the National Republican Senatorial Committee was absolutely getting lit up with TCPA lawsuit…

Bright line: “Not Interested” is Not a Revocation

Quick one for you this AM TCPAWorld. One of the toughest things to discern in this crazy world of ours…

Class Actions…

Trouble for TCPA Plaintiffs in Baton Rouge–Court Denies Class Certification, Twice!

There are some useful takeaways for class action litigators from a recent decision out of the Middle District of Louisiana. Taylor Carroll Sgs Auto. Servs., CIVIL ACTION 16-537-SDD-RLB, 2021 U.S.…

GAGER STRIKES AGAIN: Defendant Survives Plaintiff’s MSJ Effort–But Court Finds Contractual Consent Revocable

29 Jun 202130 Jun 2021

Its weird that this is still an issue. For those of you who caught our final Masterclass this month you know that the seesaw battle over contractual consent provisions carries…

FCC REMINDERS RE STIR/SHAKEN AND ROBOCALL MITIGATION DATABASE

The Federal Communications Commission (FCC) has issued a Public Notice reminder to certain voice service providers regarding their obligations to implement STIR/SHAKEN and the robocall mitigation database filing deadline. https://docs.fcc.gov/public/attachments/DA-21-727A1.pdf…

FCC ADOPTS RULES FOR ONLINE ROBOCALL REPORTING PORTAL

The Federal Communications Commission (FCC) has now adopted rules to implement Section 10(a) of the TRACED Act, which provision directed the agency “to establish regulations to create a process that…

BAD NEWS: Florida Robocall Bill (“Mini-TCPA”) Presented to Governor DeSantis–Will Be Effective July 13, 2021 or Earlier

28 Jun 202130 Jun 2021

Well folks we've been carefully watching the status of the hugely important Florida robocall bill--known as the mini-TCPA. As we've reported earlier, the bill would add a private right of…

OH THE IRONY: Company That Helps Consumers Bring TCPA Suits Just Helped Stop TCPA Suits (And I Missed It At First)

25 Jun 202125 Jun 2021

I'm a guy who specializes in nuance and subtlety. This is true with respect to the esoteric issues in a fast-moving area of law, in the subtle facial or voice…

NICE TCPA WIN!: Court Holds System Not an ATDS Because It did not Call From a Random List

25 Jun 202125 Jun 2021

Editor's Note: DoNotPay asked if I would provide links to donotpay.com/learn in the story. And so I have. But these are the folks behind the robolawsuits. Not exactly a business…

HERE IT IS–The Bill That Would Send Callers to Jail for a Year (or More) For Violating the TCPA

25 Jun 202128 Jun 2021

A while back we reported that a new (terribly-named) bill was proposed that would add criminal penalties to the TCPA by a Nevada Senator. The language of the bill was…

SPOKEO ON STEROIDS: It Happened–Supreme Court Holds Unnamed Class Members Must Have Standing to Recover Damages at Trial and Class Actions as We Know them Are Dead (Again)

25 Jun 202128 Jun 2021

Here is the beautiful line I've been waiting for form the Supreme Court since Spokeo was decided: Every class member must have Article III standing in order to recover individual damages. Today…

I see you Austin– Last Industry Impact Road Trip Show Underway and Everyone’s Here

Great attendance here at Industry Impact for this event. For those of you missing it--you're missing out. Really great theme-- the World of Compliance. I'll provide some updates as the…

Shelling it Out– New Ruling Shows CIPA Cases Can Be Even More Dangerous than TCPA (And I Take the Stage in an Hour!)

24 Jun 202125 Jun 2021

Quick one for you TCPAWorld. In Collins v. Enver Solar, SACV19-00146-JLS-KES, 2021 U.S. Dist. LEXIS 115616 (C.D. Cal. May 26, 2021) we get a peek at how dangerous claims under…

Mixed-Bag Ruling Results in Vicarious Liability Claims Surviving

A recent ruling out of the Southern District of Florida brings some good news and some bad news for TCPA defendants. See Hossfeld v. Am. Fin. Sec. Life Ins. Co.,…

UPDATED: Court Holds LiveVox Dialer is an ATDS and Defendant’s CEO Personally Liable– But It Looks Like Defendant Just Shot Itself in the Foot

23 Jun 202124 Jun 2021

Update: Live Vox helped out a lot in explaining the background here. Live Vox itself did not testify that its system was an ATDS was not subpoenaed to testify. The…

Mini-TCPA Grounded?: Still No Action on Florida Robocall Bill and I’m Starting to Wonder Aloud

TCPAWorld is always so hungry for news. Ever since we started talking about the Florida robocall bill suddenly everyone is so interested in the bill. There were precisely zero news stories on…

Its About Time: Debate Over Statute of Limitations Holds up FTC Bill in Congress

22 Jun 202124 Jun 2021

So a while back we reported on the big Supreme Court decision in AMG Capital that stripped the FTC of the power to pursue disgorgement of fraudulently obtained profits. As…

ATDS Claim Dismissed Under Facebook: Triggered Calls from Alarm Company Do Not Give Rise to TCPA Claim

22 Jun 202123 Jun 2021

As I've explained a few times now, triggered/alert text messages and calls are lowest risk following Facebook. This is true because they are sent on a one-to-one basis and in…

Plaintiff Cannot Dodge Arbitration Agreement Where He Used Credit Card After Receiving Terms

22 Jun 202122 Jun 2021

Enforcing an arbitration clause is not always easy. For instance, a court recently denied defendant's motion to compel arbitration where the plaintiff swore he never visited the defendant's website. While the…

Due Process Prevents Enforcement of TCPA?: Court Refuses to Enforce TCPA Against Collector of Government-Backed Debt—Despite Perceived Briefing Failures

18 Jun 202122 Jun 2021

I sincerely love TCPAWorld. There is so much brilliant nuance to the place. Lawyers practicing here have to really be sharp or they risk losing billions for their clients by…

New Class of TCPA Damages or An Aberration!? Court Holds Defendant Liable For Failure to Produce Internal DNC Policy “Upon Demand”

Congress enacted the TCPA because it "was broadly concerned about intrusive telemarketing practices." Facebook, Inc. v. Duguid, 141 S. Ct. 1163, 11729 (2021). And the statute allows $500 in damages…

Robocall Hate Crime?: Accusations of “Hate Crime” Against T-Mobile Dismissed in Battle Over Unwanted Collection Calls

17 Jun 202117 Jun 2021

TCPAWorld is an odd place. Make a wrong number phone call and you may find yourself sued for billions in a TCPA class action. And even the carriers that permit…

TRIAL IS REQUIRED: Ninth Circuit Holds Arbitration Cannot Be Denied Where Consumer Denies Visiting Website—Jury Trial Required

17 Jun 202118 Jun 2021

Extremely interesting case here. Remember a while back we discussed the case of the lead provider who *allegedly* provided false leads? Specifically, the lead supplier argued the Plaintiff had encountered…

More Bad ATDS News: Another Case Survives the Pleadings Stage Post-Facebook

17 Jun 202118 Jun 2021

Yesterday we reported on a stunning decision finding that a case survived the pleadings stage based upon FN 7 of Facebook. Today we have more bad news, although it’s a…

BE PART OF THE SOLUTION!: Reassigned Number Database Beta Test Allows YOU to Help Determine the Future of the FCC’s Response to Recycled Number Problem

16 Jun 202117 Jun 2021

Well this is really interesting. The long-awaited reassigned number database is coming to market soon. As part of the Administrator’s efforts to set up the database the FCC is inviting…

FACEBOOK FN7 PROVES CLOSTLY: First Case Holding LiveVox System May be ATDS Under Facebook FN7 is Out—But There’s a Silver Lining

16 Jun 202117 Jun 2021

Editor's Note: An earlier version of this article stated that the court had actually "found" that the system at issue had the capacity to store numbers using a R&SNG. That's…

LETTER URGES APPOINTMENT OF FIFTH FCC COMMISSIONER

A group of public interest, civil liberties, and other entities have written to President Biden urging him to fill out the membership of the Federal Communications Commission (FCC) by nominating…

Oral Argument Set in Lindenbaum–and I’m in KC for Industry Impact

14 Jun 202116 Jun 2021

Real quick oral argument was set in the huge Creasy appeal in Lindenbaum for July 29, 2021. The outcome of the appeal will determine whether the TCPA is enforceable with respect to calls made…

Real Quick: Dialer Platform Amongst Numerous Amici Seeking Hunstein Panel Review

11 Jun 202114 Jun 2021

Remember when Hunstein came out and I made a big deal of it on TCPAWorld and told everyone that even dialing platforms might trip the Eleventh Circuit's odd and expansive reading of…

Subway Can’t Enforce Arbitration: Appellate Court Reminds that Consumer Experience is Just as Important as Content of Disclosure

11 Jun 202114 Jun 2021

Those of you who have attended the Masterclass series on express consent the last few months know there are two critical pieces to capturing enforceable consent: i) content; and ii)…

REAL QUICK: FLORIDA ROBOCALL BILL STILL NOT PRESENTED TO GOVERNOR–WILL TIME RUN OUT?

10 Jun 202111 Jun 2021

I know a number of you are eager to learn the fate of the big Florida robocall bill. As the federal TCPA appears to be limited only to pre-recorded calling…

HUGE TCPA WIN!: Court Finds Aspect predictive Dialer Not an ATDS– Explains Away Footnote 7

10 Jun 202111 Jun 2021

Well this is a big one. In the best analyzed post-Facebook ATDS decision to date, a Court in South Carolina has ruled the Aspect predictive dialer is not an ATDS…

ANOTHER BIG DAY: New Podcast Interview Drops along with Masterclass AND Big ACC Show

9 Jun 202110 Jun 2021

Another day, another awesome double-decker chance to inform and entertain. The HUGE Masterclass session on revocation is just two hours away. The Czarina, Kingmaker and I are ready to end…

This is Why There’s No Class Litigation in Idaho: Court Grants Settlement Approval But Cuts Counsel’s Rate to $280.00 an Hour

8 Jun 202110 Jun 2021

I don't know why this story makes me chuckle but it does. Let’s chat about something we rarely discuss these days—Idaho. Nice spot. Big mountains. Big sky. Clean water. Trees.…

TCPA.WORLD AFTERDARK: The Great Vegas Compliance Palooza Registration Now OPEN! And Other Stuff…

7 Jun 20219 Jun 2021

So much earlier today I teased some BIG news and here it is. YOU can register RIGHT NOW for the Great Vegas Compliance Palooza in Las Vegas July 22, 23,…

YAY–ITS MASTERCLASS WEEK!–Don’t Miss The Kingmaker and Czarina Breaking Down Revocation

7 Jun 20218 Jun 2021

What's better than summer break to a kid? MASTERCLASSES! This week we'll be talking revocation. Is partial revocation still a thing? Are contractual revocation clauses still binding? (Wait, were they…

No Jurisdiction! Florida Company Defeats Massachusetts’ Litigant’s Sprawling TCPA Lawsuit On Personal Jurisdiction Grounds

7 Jun 20217 Jun 2021

Patrick Michaud sued a Florida home improvement company and a salesperson in Middlesex Superior Court, Massachusetts. He asserted various TCPA and state-law equivalent claims. The Defendants moved the case to…

FCC INKS ROBOCALL MOU WITH AUSTRALIAN COUNTERPART

In furtherance of a global effort to combat illegal robocalls, the Federal Communications Commission (FCC) has signed a Memorandum of Understanding (MOU) with the Australia Communications and Media Authority (ACMA)…

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