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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”

20Oct 202020 Oct 2020

Synesis Over Syntax: A Deeper Dive into the Grammararian Arguments that Will Decide the Fate of the TCPA

For many years my favorite book was the Highly Selective Dictionary for the Extraordinarily Literate. Derive what you will from…

COVID Polling Texts Lead to TCPA Major Class Action: Mass Texts Inviting Voters to Take Survey Potentially Violate the TCPA

The TCPA has a major impact on the political season, as we have covered here, here and here. But it…

ATDS/Human Intervention…

Trial Court Fails to Provide a Written Opinion, Second Circuit Upholds Dismissal of TCPA Claim Anyway

Normally a party denied his day in court receives a written opinion explaining why his claim fails. Not so for Mr. Todd Bank, an attorney proceeding pro se on a…

AFFIRMED: “CLUTTERED” WEBSITE MEANS NO AGREEMENT TO ARBITRATE

Clean up that website!! “Clutter” may obscure and negate attempts to highlight terms and conditions that require arbitration of Telephone Consumer Protection Act (TCPA) disputes. A “hard to find [link…

No Incentive: Eleventh Circuit Court of Appeals Holds that Incentive Payments Commonly Awarded to Class Representatives are Impermissible in a Classwide Settlement

18 Sep 202021 Sep 2020

It is not very often that a Court of Appeals reaches back to Supreme Court authority from the 1800s to nix a commonly-accepted practice. And when it does happen it…

Oh, and In Case You Hand’t Heard– Supreme Court Oral Argument on Facebook ATDS Challenge is Set

December 8, 2020 Be on TCPAWorld.com that day for a live breakdown of the argument and all of our quips and tips. More to come.

Awkward: TCPA Plaintiff Accuses Judge of Bias and Demands Recusal—You Won’t Believe What Happens Next

17 Sep 202021 Sep 2020

Here’s a fun one. Pretty educational too. You might recall a few weeks back TCPAWorld.com told the tale of a bank that waited too long to enforce a jury waiver…

BREAKING TCPA NEWS: This is Huge! Eleventh Circuit Holds Incentive Award Payments to Class Representatives Are Per Se Forbidden

17 Sep 202018 Sep 2020

Well this was unexpected and really big news so pay attention folks. The Eleventh Circuit Court of Appeals held today that a court may not grant incentive awards in any…

Troubling Trend, Another Court Declines to Enforce Arbitration Clause

17 Sep 202017 Sep 2020

As we've covered, courts sometimes decline to enforce arbitration clauses despite federal public policy favoring arbitration. The United States District Court for the Middle District of Florida recently continued this…

DEEP DIVE: New TCPA Certification Decision Highlights Unpredictability in Rule 23 Analysis Used By Courts in TCPA Cases

16 Sep 202017 Sep 2020

As I have said many times, TCPA class action defense is some of the most complex litigation out there. And with billions on the line, this line of work is…

At it Again: Repeat-Player Cunningham Earns Another Huge TCPA Victory- Court Finds Receipt of Missed Debt Collection Call Affords Article III Standing

15 Sep 202017 Sep 2020

This guy is good. Or picking his battles well. Or something. We reported not long ago on a big win by Cunningham in Utah in which he successfully defeated arguments…

Step in the Right Direction: New Case Holds TCPA Doesn’t Apply to Business Cell Phones– But Don’t Get Excited Just Yet

11 Sep 202015 Sep 2020

Its one of the most dangerous traps in TCPAWorld. Companies engaged in B2B sales using technology regulated by the TCPA to make marketing calls to business numbers they find in various directories.…

Junk Fax Defense 101: Recent TCPA Ruling Highlights Several Critical Issues Prevalent in Fax Class Actions

11 Sep 202015 Sep 2020

Odd though it may seem, we still find ourselves defending a good number of TCPA fax class actions. And with the scope of the TCPA’s ATDS definition on the wane,…

FCC TAKES NEXT STEPS ON STIR/SHAKEN IMPLEMENTATION AND COMBATTING ILLEGAL ROBOCALLS

11 Sep 202011 Sep 2020

The Federal Communications Commission (FCC) has released its next initiative “to continue the FCC’s work to implement the TRACED Act and promote the deployment of caller ID authentication technology” (i.e.,…

Another Gamble?: Court Refuses to Compel TCPA Marketing Case to Arbitration

10 Sep 202011 Sep 2020

In a somewhat shocking recent ruling, the Eleventh Circuit Court of Appeals refused to compel arbitration of TCPA marketing suits pursuant to consumer agreements reasoning that such messages do not…

Despite Agreement, No Arbitration! Hawaii District Court Declines to Enforce Arbitration Clause Against Non-Party Debt Collector

For nearly a century, federal law has favored arbitration where the parties agree to it. This rule typically extends to a "nonsignatory" who does not sign the contract but who…

Best Quick TCPA Primer You’ll Ever See– Plus Updates On the TCPA Czar’s Speaking Schedule

9 Sep 202010 Sep 2020

As TCPAWorld.com followers know I have done a ton of recent virtual learning sessions. They don't call me the webiczar for nothing. Having re-reviewed these materials lately, it dawns on…

TCPA Quick Hitter: Court Holds Receipt of 98 Unwanted Calls Not Sufficient to State Intrusion Upon Seclusion Claim As a Matter of Law

Quick one for you. As TCPAworld denizens know, Plaintiffs in these parts will often add a common law privacy claim or two to their complaints, as much for flourish it…

Facebook’s Lawyers Just Filed a Characteristically Fantastic SCOTUS Brief–But the Real Story is the Government’s Position on ATDS

As I just reported, the U.S. Government has filed a critical brief in the big Facebook Supreme Court challenge as to the scope of the TCPA's ATDS definition that steals…

GAME CHANGER: The Government Agrees the TCPA Only Covers Random-Fire Dialers– So What Are We Still Doing Here?

7 Sep 202010 Sep 2020

I guess I should have seen this coming but I didn't. After forcefully battling to keep the TCPA on the books just last term, the U.S. Government has weighed in…

FCC RECONFIRMS THAT DOCUMENT TRANSMITTED/RECEIVED AS DIGITAL ELECTRONIC FILE IS NOT A TCPA-COVERED FACSIMILE

Last year, in the Amerifactors Declaratory Ruling (https://docs.fcc.gov/public/attachments/DA-19-1247A1.pdf), the Federal Communications Commission’s (FCC) Bureau on Consumer and Governmental Affairs (Bureau) ruled that “an online fax service that effectively receives faxes…

TCPA Quick Hitter: Court Transfer Case to District Where Calls Were Made From- Even Though Neither the Plaintiff nor the Defendant Resides There

4 Sep 20207 Sep 2020

As we have reported time and again now TCPA plaintiffs are getting very creative in selecting forums to sue Defendants—looking more at favorable law than whether any of the key…

REQUISITE FOR OBTAINING AGREEMENT TO ARBITRATE TCPA CLAIMS: “AFFIRMATIVE ASSENT”

Mandatory arbitration clauses have become routine ingredients in website user terms and conditions. Disclosure and efforts to disclose and obtain consumer agreement to these provisions is generally sought through highlighted…

LEAD GEN MUST READ: HUGE New Disclosure Case Looks At Requirements of Website Design to Capture Assent in TCPA Suit

3 Sep 20207 Sep 2020

Mandatory arbitration clauses have become routine ingredients in website user terms and conditions. Disclosure and efforts to disclose and obtain consumer agreement to these provisions is generally sought through highlighted…

READ AND DISCUSS: Letter from Phil Charvat– Noted TCPA Serial Litigant–to the Czar On Purported Lead Fraud and Manufactured TCPA Suits

3 Sep 20204 Sep 2020

Recently a noted serial TCPA litigant wrote to me with his side of the story. I thought it was an interesting read and, with his permission, I publish the content…

More Is Required!: Court Finds Dispute of Fact Over Disclosure Terms in Fluent Lead—Time to Mandate Third-Party Verification?

3 Sep 20204 Sep 2020

Huge new case out today that all lead buyers and sellers need to keep in mind. The Baron just posted a separate piece on the broader impact of SUPER IMPORTANT…

ARBITRABILITY OF TCPA CLAIM IS UP TO ARBITRATOR

It is likely not unexpected these days to be required to agree to arbitrate any and all disputes with a car dealer arising out of your vehicle acquisition. But could…

Off the Hook?: Court Dismisses RICO Claim Against TCPA Repeat-Player Shelton

2 Sep 20203 Sep 2020

James E. Shelton is certainly no stranger to TCPA litigation. As a court observed just yesterday: James Shelton has turned the private right of action under the TCPA into a…

Class Actions…

“Threadbare Allegations” not Enough to Prosecute a TCPA Claim

Pleading a TCPA claim is usually not the tricky part for a plaintiff, and courts normally do not dismiss TCPA lawsuits on the pleadings alone. But a recent decision provides…

Vehicle Service Contract Calls Leads to TCPA Judgment Against Warranty Provider—But Defendants Still Permitted to Deny Liability in Interesting Procedural Twist

1 Sep 20203 Sep 2020

Here’s an interesting one. Vehicle Service Contract providers (VSCs) commonly rely on outbound dialing to attract customers. Most of the calls made by these companies are ostensibly consented—calls are made…

TCPA Hits Close to Home: Unilateral Acts of Plaintiff Cannot Trigger Jurisdiction in Far-Flung Forums

31 Aug 20202 Sep 2020

One of the most frequent issues arising in TCPA cases is personal jurisdiction over a Defendant. This is true because calls can be made from anywhere to anywhere. And while…

STOP!: STATE OF EMERGENCY IN LOUISIANA FREEZES MARKETING CALLS– HERE’S WHAT CALLERS NEED TO KNOW

31 Aug 20201 Sep 2020

Well folks the Governor of Louisiana declared a state of emergency today ahead of the expected landfall of Tropical Storm/Hurricane Laura and Tropical Depression 14/Tropical Storm/Hurricane Marco. Obviously all of…

NO TEMPORARY TCPA RESPITE FOR KELLER WILLIAMS

28 Aug 202028 Aug 2020

TCPAWorld has previously reported on the recent Telephone Consumer Protection Act (TCPA) trials, tribulations and arguable missteps of Keller Williams Realty, Inc. https://tcpaworld.com/2020/07/23/tcpa-tipping-point-keller-williams-baits-disastrous-n-c-atds-ruling-that-could-send-the-fourth-circuit-veering-toward-marks/. In defending a separate TCPA class action…

No Miracles Here: FCC Denies Wakefield’s Request to Vacate ViSalus Waiver Order But $925MM Judgment Still Stands

28 Aug 202031 Aug 2020

Aww what might have been. Recall that big ($925MM) TCPA judgment against ViSalus--how can you forget? Arguably the most interesting part of the entire saga was when the FCC granted…

Penny Wise?: Eleventh Circuit Reminds That a TCPA Defendant Can Lose the Right to Arbitrate a Case Where it Refuses to Front Arbitration Costs

28 Aug 202031 Aug 2020

Sometimes it is better to write a small check than a big one. Did I say sometimes? In Graulau v. Credit One Bank, N.A., No. 20-12037-J, 2020 U.S. App. LEXIS…

“No merit whatsoever”: Lead Supplier Stuck in TCPA Suit Brought By Repeat TCPA Plaintiff that Supplied False Information to Marketer

28 Aug 202031 Aug 2020

So, if you haven’t met Anthony Paronich yet remind me to introduce you sometime. In his latest “masterpiece”, he has convinced a court to utterly reject a Defendant’s motion to…

Court Gives Chevron Deference to FCC Amerifactors Ruling and Modifies Class Definition in Junk Fax Case

The FCC’s ruling in In Re Amerifactors Fin. Grp., LLC, Decl. Ruling, CG Docket No. 02-278, CG Docket No. 05-338, DA 19-1247, 34 FCC Rcd 11950 (FCC Dec. 9, 2019)…

NO GUARANTEE OF STAY EVEN IF ATDS USE AT ISSUE

With the definition of an automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act (TCPA) now squarely before the U.S. Supreme Court in the Duguid case, a number…

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