So I’m going to start texting all of you to remind you about my big speaking tour coming up. Turns out those texts are just to provide you with critical…

Well folks the first domino may have just fallen. As I wrote just days ago, the Marks ATDS formulation is not as monolithic as it may first appear. Yes it…

Hold on to our hats folks. Well I don't agree to be interviewed on just anybody's podcast--in fact, I've never done it before--but when debt collection industry education giant ACA…

Here’s a pumpkin-spiced TCPA musing for the afternoon coffee break: I’m not sure why Defendants continue to bring motions to dismiss ATDS allegations in federal district courts in California but…

California Governor Gavin Newsom has signed SB 208, the Consumer Call Protection Act of 2019, to, among other things, “identify those engaging in deceptive robocalls and protect Californians, especially vulnerable…

Under the Telephone Consumer Protection Act (TCPA), it is unlawful to “make any call” (other than an emergency call or one made with prior express consent) to a cellphone using…

Earlier this week, in Whittum v. Acceptance, 2019 U.S. Dist. LEXIS 167990 (D. Nev. Sept. 30, 2019), the court granted in part and denied in part a defendant’s motion to…

Even as courts are increasingly moving toward applying a narrow ATDS definition, the TCPA remains extremely dangerous—particularly in the Ninth Circuit where Marks holds sway. You won’t find many cases…

Although there have been a couple of notable exceptions, most multi-million dollar TCPA settlements go sailing through approval. When they do get hung up, it is usually because the dollars…

Quick one to digest along with an almond biscotti. First, a short but incisive rant: Free speech isn’t what it used to be. In the old days if a statute…

As long as the TCPAWorld has been spinning it has been subject to much and dire controversy. No controversy is more fundamental—and seemingly less likely—than that of the meaning of…

We’re still a month away from Halloween, but TCPAWorld has just become even scarier. I have frequently remarked on the unfairness of individual corporate officers being held individually and personally…

While the language in Congressional legislative reports does not have statutory force, Federal agencies pay attention. This is particularly the case when the message is sent by the Committee overseeing…

The Archduke covered one important piece of Capital One’s win in the Johnson case last week—the Court’s application of the statutory ATDS definition and entry of partial summary judgment in…