TCPA – TCPAWorld

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…

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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…

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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…

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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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TGIF: SCOTUS Grants Petition to Review Constitutionality of TCPA Provision

10 Jan 202013 Jan 2020

This came in while I was mixing two bags of different flavored tea together in making my afternoon treat (yes, and why not? It’s a Friday afternoon). And I almost…

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You Cannot Nail A Ghost, Especially With Flimsy Allegations

31 Dec 201931 Dec 2019

A Plaintiff tried to pin a company with TCPA liability based on a third party's calls, but the California district judge was not having any of it. In Abante Rooter…

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Federal Jurisdiction Win Sends Defendant’s Repo Action to State Court

30 Dec 201930 Dec 2019

Courts are clogged. That’s why we, and by we I mean all citizens of TCPAWorld, avoid draining judicial resources with actions that can be consolidated. Every once in a while…

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That Hurts: Digital Marketer Required to Indemnify Seller in TCPA Suit– Even Though It May not Have Made the Calls at Issue

18 Dec 201919 Dec 2019

Promoters often hire digital marketers to assist them with promotional campaigns. In today’s day, that often means using a text messaging platform to send out promotional messages for the campaign. …

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Doctor Who? Plaintiff’s Vicarious Liability Claim Against Doctor Dismissed for Lacking Specifics

16 Dec 201916 Dec 2019

A pro se Plaintiff's TCPA complaint was dismissed with prejudice. Here’s how: The Plaintiff was getting calls for medical services. He alleged the callers used an ATDS, and continued despite…

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YIKES: MSJ Granted On “Serial Plaintiff” TCPA Claims- Maybe Defendant Should’ve Taken Case More Seriously Tho

16 Dec 201917 Dec 2019

As plaintiff Shelton filed a summary judgment motion for his claims under both TCPA and Pennsylvania Telemarketer Registration Act (“PTRA”), the court was apparently aware that Shelton had been a…

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Czar Rocks The TCPA Summit Earning Huge Praise From Attendees – And Lots Of Selfie Requests

12 Dec 201913 Dec 2019

The annual dnc.com TCPA summit in St. Pete's is always one of the year's biggest TCPA events, and this year was no exception. A packed-house of attendees spent 8 glorious…

Class Actions

Seeking Court’s Approval of Class Settlement? Try Again!

12 Dec 2019

After an initial failure to obtain court’s preliminary approval of class settlement in a total sum of six million dollars, the parties filed another motion seeking approval of settlement in…

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FCC Rules E-Faxes are Outside the TCPA

11 Dec 201911 Dec 2019

Remember how fax machines bleeped; kind of sounded like the internet dial-up tone? Well, the FCC essentially ruled that unless a fax is sent to a machine that makes that…

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First to File Class Action, Not Enough to be Heard First

5 Dec 201920 Feb 2020

Early bird did not get the worm in Pena v. Heath, Case No. 1:18-cv-24407-UU, 2019 U.S. Dist. LEXIS 206006. Two rival TCPA class action Plaintiffs (and Plaintiff firms) jostled at…

Class Actions

Settlement Reveals How Expensive the TCPA is Compared to Other Consumer Statutes

3 Dec 20194 Dec 2019

If you're reading TCPAWorld.com you know the TCPA is no ordinary statute. And rather obviously TCPA class litigation matters are among the biggest and most complex cases out there. While…

Class Actions

Class Members Thought They Would Get $900, but End Up With $22

15 Nov 201919 Dec 2019

Imagine expecting to receive a $900.00 settlement payday only to walk away with a check for 22 bucks! That’s what happened in Charvat v. Valente, No. 12-cv-05746, 2019 U.S. Dist.…

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Refresher on TCPA Liability for Calls to Cell Phones: 1) The DNCR Provision Only Prohibits Calls to Residential Lines, But; 2) Using an ATDS without Prior Consent is Prohibited to Cell Phones Even for Business Purposes

14 Nov 201914 Nov 2019

It remains a source of common confusion here in TCPAWorld. But not understanding the TCPA rules surrounding business to business calls can land you in a world of hurt. Let’s…

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Speaking Tour Update: Czar Talks TCPA Three Times in One Week– Biggest Events Still Yet To Come!

12 Nov 201913 Nov 2019

As I reported a while back, the TCPA Czar's Fourth Quarter speaking blitz is now in high gear. Last week he covered three different venues bringing critical TCPA know-how to…

ATDS/Predictive Dialer Cases…

TCPA Quick-Hitter: Court Finds “Artificial or Prerecorded Voice” Is Not a Legal Conclusion (But “Predictive Dialer” and “ATDS” Are!)

7 Nov 2019

In TCPA World, I quickly learned that discovery is an art to the most experienced and skilled litigators. Overbroad requests and objections that lack specificity and detail won’t cut it…

Telemarketing

SDOH Judge Denies Defendant’s ‘Artful’ Motion to Dismiss, Finds Pressing 1 Does Not Convert a Pre-Recorded Message to an Incoming Call

21 Aug 201922 Aug 2019

On Monday, Defendant LE Energy hoped to pull a rabbit out of their trick hat by arguing that Plaintiff made an incoming call to their call center, simply by pressing…

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Devoid of Datum: TCPA Claim Dismissed For Failure to State a Claim in NDOH

2 Aug 20197 Aug 2019

Word of the Day: Datum. Synonym: information. As Applied: It is hereby ordered that Plaintiff Whitacre’s TCPA claim is dismissed for failure to plead the datum necessary to state a…

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Here it Is!: The TCPA Redline You’ve Been Waiting For—Amendments from the Stopping Bad Robocalls Act

27 Jul 201930 Jul 2019

As the Czar reported last week, the Stopping Bad Robocalls Act has passed the House and looks to have a big impact on the TCPA. While one of the most…

TCPA Discovery

SDFL Judge Denies TCPA Motion for Relief from Judgment and Teaches Litigators Everywhere An Important (and Tiny) Lesson

26 Jul 2019

Do you remember law school? Remember that guy that sat in the back row that told you he always finishes the readings first because he skips the footnotes? Want a…

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Moore v. CHW Group: TCPA Complaint Dismissed for Failure to Plead More

19 Jul 201922 Jul 2019

In a recent TCPA order, the Northern District of Illinois dismissed Plaintiff George Moore’s Complaint for failure to state a claim under the TCPA and the Illinois Telephone Solicitations Act.…

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