TCPA – TCPAWorld

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 After the Court’s Final Approval of the $12,500,000 Settlement in Charvat v. Valente

15 Nov 201918 Nov 2019

Imagine expecting to receive a $900.00 TCPA 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.…

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…

Uncategorized

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.…

Uncategorized

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

First to File a Class Action is 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 After the Court’s Final Approval of the $12,500,000 Settlement in Charvat v. Valente

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