TCPA – TCPAWorld

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…

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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…

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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…

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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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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…

Uncategorized

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…

Uncategorized

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. …

Uncategorized

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…

Uncategorized

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…

Uncategorized

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.…

Uncategorized

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…

Uncategorized

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…

Uncategorized

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…

Uncategorized

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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Simple as That: Quick Hitting Decision Explains why TCPA Injunctions Are so Easy to Plead and Obtain

20 Jun 201920 Jun 2019

Injunctions are odd things. They amount to judicial decrees that limit or require conduct under the penalty of contempt. In most jurisdictions they are pretty hard to obtain and often…

Class Actions

Class Certification in TCPA Action Denied Because Class Representative was in a Class of Her Own

7 May 20198 May 2019

You can pick your friends, you can pick your nose, and as the Southern District of Florida recently demonstrated, you most definitely can pick your plaintiff. In two recent orders…

Express Consent…

When Is A TCPA Violation “Willful?”

1 Apr 2019

When is a TCPA violation willful? What is the standard of proof? The Eastern District of California addressed those questions last week in N.L. v. Credit One Bank, N.A., 2019…

Legislation…

Indiana Legislature Dials Up “Do Not Call” Statute Revisions

25 Mar 201926 Mar 2019

The Indiana legislature, to the consternation of the State Attorney General, is considering two additional exemptions to calls covered by its “Do Not Call” statute. Both involve the established business…

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Tag: TCPA

Court Grants Motion to Dismiss TCPA Serial Plaintiff’s Complaint

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

TCPA Plaintiff Could Not Get Away with Forum Shopping Antics

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

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

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

Illinois District Court Grants Summary Judgment For Lack of Personal Jurisdiction

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

TGIF: SCOTUS Grants Petition to Review Constitutionality of TCPA Provision

You Cannot Nail A Ghost, Especially With Flimsy Allegations

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

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

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

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

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

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

FCC Rules E-Faxes are Outside the TCPA

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

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

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

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

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

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

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

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

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

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

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

Simple as That: Quick Hitting Decision Explains why TCPA Injunctions Are so Easy to Plead and Obtain

Class Certification in TCPA Action Denied Because Class Representative was in a Class of Her Own

Indiana Legislature Dials Up “Do Not Call” Statute Revisions