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Tag: TCPA

ATDS/Predictive Dialer Cases…

THE TCPA TEXTS SPLIT GROWS!: Ohio Court Holds Text Messages Are Not “Telephone Calls”

4 Mar 20264 Mar 2026
Greetings TCPAWorld! The texts-versus-calls split just got wider, and we just got another ruling from a federal court within the Sixth Circuit! In Stockdale v. Skymount Prop. Grp., LLC, et…
Class Actions…

WRITTEN CONSENT?: New Fifth Circuit Decision Says Congress Never Required It in the First Place!

25 Feb 2026
Greetings TCPAWorld! As the Czar just teased earlier today while literally driving (dedication, folks), the Fifth Circuit just dropped a HUGE ruling. In Bradford v. Sovereign Pest Control of TX,…
ATDS/Predictive Dialer Cases…

FLORIDA IS CALLING: When a Click, a Pause, and a Lead-Gen Chain Ring in TCPA Exposure

19 Feb 2026
Greetings TCPAWorld! Did someone say Florida is in the house? This one out of the Southern District of Florida has a little bit of everything. A predictive dialer dispute, a…
ATDS/Human Intervention…

RINGING UP TROUBLE: Auto Lender’s Voicemail Opens the Door to TCPA Class Claims

6 Feb 2026
Greetings TCPAWorld! Happy Friday! Here's a tip for auto lenders: if you're going to use prerecorded voicemails to chase down payments, you might want to make sure you're actually calling…
Class Actions…

THE HIGH COST OF A BAD LEAD: All Web Leads Faces $1.3MM Indemnity Exposure

5 Dec 2025
Greetings TCPAWorld! I’m back with another update to put on your radar. Following up on the one and only Czar's post about Liberty Mutual's lawsuit against All Web Leads, Inc.…
Uncategorized

ENDLESS MOTIONS, ENDLESS ROBOCALLS: From Futile Filings to 800 Million Calls

1 Oct 2025
Greetings TCPAWorld! It’s October, which means spooky season is here and so are some hauntingly good TCPA updates. This time, we’ve got two cases on deck: one against Capital One…
Class Actions…

NO FISHING EXPEDITION HERE: Court Hooks Plaintiff On Individual Issues

10 Sep 2025
Greetings TCPAWorld! I'm back with another interesting case update to put on your radar! VanderSloot v. Charles Baratta LLC, No. 24-CV-07096 (JMW), 2025 WL 2605343 (E.D.N.Y. Sept. 9, 2025), just…
ATDS/Human Intervention…

TALK TO A HUMAN OR PAY THE PRICE: Congress Proposes Call Center Bill Mandating AI and Location Disclosures

4 Aug 2025
Greetings TCPAWorld! Happy Monday! If you’ve ever been stuck shouting "representative or agent" or pressing zero repeatedly into the void of an automated system, this one’s for you. So without…
Express Consent…

THE PRICE OF PRESUMED CONSENT: When a Friendly Fax Turns Federal

17 Jul 2025
Greetings TCPAWorld! WOW. As you see the buzz all over social media, the Law Conference of Champions was a massive success! Can you expect anything less from the most outstanding…
FTC Action

DECEIVED AT ROCK BOTTOM: FTC Sues Over Alleged Lead Gen Scam Using Impersonation Rule

10 Jul 2025
Greetings TCPAWorld! Here’s a question for anyone in the lead generation space: What happens when someone Googles a reputable addiction treatment center, clicks on the top result, and gets connected…
ATDS/Human Intervention…

SYSTEM REBOOT ON AUTODIALERS?: McLaughlin and the Future of TCPA Statutory Interpretation

24 Jun 2025
Greetings TCPAWorld! When you thought you’d seen it all… think again. Here at TCPAWorld, we are the first in everything. The Supreme Court dropped another surprise that's about to turn…
ATDS/Predictive Dialer Cases…

TALK IS CHEAP: Summary Judgment Isn’t Interested in Rumors

13 May 2025
Greetings TCPAWorld! I’m back with the latest. Let’s talk about a name-dropper’s worst nightmare. The Southern District of Ohio has ruled a significant win for TCPA defendants in a recent…
Class Actions…

FUELED BY LITIGATION: ExxonMobil Skids Into TCPA Quiet Hours Lawsuit

8 May 2025
Greetings TCPAWorld! I'm back with the latest. Yesterday, ExxonMobil Corporation was named in a new TCPA class action in the Northern District of California. See Yates v. Exxon Mobil Corp.,…
Class Actions…

GRAB THE POPCORN: Regal’s Marketing Texts Just Premiered in a TCPA Blockbuster!

11 Mar 2025
Greetings TCPAWorld! Grab your popcorn, here’s a quick case alert for you. Regal Cinemas just found itself in the middle of a legal thriller, and this one is playing out…
Class Actions…

ROSES ARE RED, THE COURT HAD ITS SAY: Online Fax Services Get No TCPA

14 Feb 2025
Greetings TCPAWorld! Happy Valentine’s Day! Whether you’re celebrating with loved ones or enjoying the discounted chocolate tomorrow, one thing’s for sure—online fax providers won’t feel the love from this latest…
Class Actions…

LIP GLOSS POPPIN’, TEXTS DROPPIN’: Colourpop’s Late-Night Texts May Have Compliance Floppin’

7 Feb 2025
Greetings TCPAWorld! Lip gloss is poppin’, lip gloss is cool—but late-night marketing texts? Those might land them in court. Listen up, beauty lovers and TCPA watchers—Colourpop Cosmetics is facing a…
ATDS/Predictive Dialer Cases…

YOU CAN’T JUST CALL IT A TCPA VIOLATION: The Court Needs Proof, Not a Vague Complaint!

29 Jan 202529 Jan 2025
Greetings TCPAWorld! I’m back with another case update—this time, it’s all about relentless robocalls, a wrong number, and a lawsuit that didn’t go as planned! Few things are more annoying…
Class Actions…

UNWANTED TEXTS, UNWANTED TROUBLE: LG’s Labor Day Discounts Come with a Price

21 Jan 2025
Greetings, TCPA World! Don’t change the channel. LG Electronics U.S.A. is central to a federal class action lawsuit over its 2024 Labor Day promotional campaign. See McGonigle v. LG Elecs.…
Class Actions…

PAPER JAMMED: Office Depot Stuck After Ignoring ‘STOP’

27 Nov 20242 Dec 2024
Greetings TCPAWorld! What does “STOP” really mean? We’ve all been there—sending a reply text to opt out of repeated messages. Maybe we signed up in the past to score some…
Class Actions…

DECODING DISCOVERY: Cracking the Code on 30(b)(6) Depositions and Data Disputes

11 Oct 2024
Greetings TCPAWorld! I’m back with the latest scoop. As we all know, in the realm of class action litigation, discovery disputes can significantly shift the trajectory of a case. The…
Class Actions

THE INDEMNITY CLASH: Who’s Footing the Bill in Liberty Mutual’s TCPA Battle?

4 Oct 2024
Greetings TCPAWorld! Last week was epic. I was sworn in as an Attorney and can’t wait to continue my journey with the best law firm on the planet! This past…
Uncategorized

DIALING INTO TCPA: Court Expands ‘Residential’ to Cellphones in a Post-Loper World

17 Sep 2024
Greetings TCPAWorld! Hot off the press is a case decision to put on your radar! In Lirones v. Leaf Home Water Sols., L.L.C., No. 5:23-cv-02087, 2024 U.S. Dist. LEXIS 165900…
Class Actions

DON’T CALL ME MAYBE: Court Hangs Up on TCPA Suit Against Mortgage Company

12 Sep 2024
Greetings TCPAWorld! A recent court ruling dealt a blow to consumers who receive unsolicited telemarketing calls on their Do-Not-Call registered phone numbers. In Paul Sapan v. Shore Cap. Corp., et…
Uncategorized

GOOD BONES: Strong Contracts Make Strong Companies

17 Oct 2022
Hi all, the Duke here again, except I’m changing my title to Bishop. So technically the Bishop is here again with another contracts related post. Before we get into it,…
Uncategorized

Court Grants Motion to Dismiss TCPA Serial Plaintiff’s Complaint

12 Jun 2020
Happy Friday afternoon, TCPAWorld. Well, you may be glad to know that a TCPA serial plaintiff, Craig Cunningham’s complaint (Yes, that infamous pro se plaintiff, Craig Cunningham) just got dismissed…
Uncategorized

Court Grants Motion to Compel Post-Judgment Discovery and Attorneys’ Fees Against TCPA Judgment Debtor

5 Jun 20207 Jun 2020
Normally, after a plaintiff wins his TCPA lawsuit seeking statutory damages and obtains a judgment against the defendant, he then becomes a judgment creditor. For the judgment creditor, discovery can…
Uncategorized

How Crazy Can This World Be?: Ninth Circuit Defendant Cannot Escape TCPA Liability When the Called Party Is Not the Intended Party

3 Jun 20204 Jun 2020
Wow, another big day for the TCPAWorld in the Ninth Circuit, as the appellate court, on top of the confirmation of the broad ATDS definition in Marks, held that the…
Uncategorized

TCPA Plaintiff Could Not Get Away with Forum Shopping Antics

29 May 202029 May 2020
As a well-known fact and sad reality in the TCPAWorld, the outcome of a TCPA action depends largely on where the suit is taking place. By now, the TCPAWorld residents…
Uncategorized

Things Are Rapidly Changing, But Something Stays the Same: Allegations of Fact Taken As True at the Pleading Stage

21 May 202022 May 2020
It almost seems that everything is changing so fast in these current days. When everyone is trying to keep up with the pace, I thought it might be worthwhile to…
Uncategorized

Another Motion to Dismiss Denied: ATDS Allegations For Unwanted Text Messages Sufficient at Pleading Stage

31 Mar 2020
A text message is considered a call under the TCPA. And to state a valid TCPA claim, the plaintiff must show that the equipment or system used to send the…
Uncategorized

Watch Out: Responding to RFA Matters More Than What You May Think, Even After Close of Discovery

5 Mar 20205 Mar 2020
I previously reported on a “serial plaintiff” Mr. Shelton’s victory in a TCPA action, not because of any factual findings on his TCPA claims, but because of the defendant’s procedural…
Uncategorized

Illinois District Court Grants Summary Judgment For Lack of Personal Jurisdiction

15 Jan 202015 Jan 2020
In an Illinois district court, one Illinois, and another New Jersey resident filed a TCPA class action against IDT Energy, Inc. in Mackey v. IDT Energy, seeking to represent two…
Uncategorized

Another Case Holding Random or Sequential Number Generation Is Required For An ATDS under the TCPA

14 Jan 202015 Jan 2020
While the world is all watching curiously to see whether the SCOTUS will swing the axe this time at the TCPA's content-specific exemption, a decision yesterday by the Middle District…

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