For anyone who still thinks that TCPA defense is a simple or straightforward affair, the decision of Harrington v. RoundPoint Mortgage Servicing Corp., 2017 U.S. Dist. LEXIS 55023 (M.D. Fla. Apr. 11, 2017) is a worthy read.
Author: Eric Troutman
BREAKING: FCC Seeks Comment on Petition Asking it to Overturn Presumed Prior Express Consent Rule for Informational Calls
The Commission announced today that it is soliciting comments on a petition for rulemaking and declaratory ruling filed by Craig Moskowitz and Craig Cunningham.
Ninth Circuit Further De-Fangs Spokeo in a TCPA Case; Gives Practical Revocation Guidance for the First Time
Yesterday the Ninth Circuit issued a big new decision addressing three of my favorite topics: Spokeo, express consent, and revocation. The decision provides quite a bit to chew on.
Facebook’s Birthday Text Lawsuit Survives Pleadings Stage; TCPA Survives Strict Scrutiny for the First Time
In Colin Brickman, v. Facebook, the Court denied Facebook’s motion to dismiss, determining that the Plaintiff had plausibly alleged the use of an ATDS in connection with birthday text alerts that were sent to his phone.
As expected, Trump has tapped Commissioner Ajit Pai to Chair the new-look FCC. This is great news for proponents of TCPA reform but, as with all things Commission related, we may not see any tangible results from his ascension for some time.
Democratic Chairman Wheeler announced yesterday that he will follow longstanding agency tradition and step down as Chairman of the FCC in light of the election of Republican Donald Trump as our next POTUS.
Can Trump Make the TCPA Great Again? A Highly-Speculative Look at the Future of the TCPA under a Trump Presidency
It remains to be seen whether Congress will work with President Trump to effect legislative change on key issues like TCPA reform. But, no matter what, I like our chances of seeing some real revisions to the TCPA under Trump’s presidency.
TCPA filings are up over 40% year to date. Indeed, the TCPA is now officially obeying Moore’s Law and doubling every two years. This year we’re on track to scrape 5,000 filings. If the trend continues we’ll be at 7,400 filings next year and flirting with 10k by the end of 2018.
The Eight (8) Things YOU Need to Know About This Week’s Big Oral Argument on the ACA Appeal of the FCC’s TCPA Omnibus Ruling
The DC Circuit Court of Appeals heard oral argument on Wednesday. This was a spectacle that did not disappoint. The advocacy was superb, the panel’s questions were telling and the exchanges with counsel were lively and, at times, exceptionally humorous.
The FCC’s 2016 BBA Implementing Ruling Digested (Volume 3): “Making a Call” and “Initiating a Call” Are the Same Thing – Except that They Aren’t
Here’s something a lot of folks—even so-called TCPA “experts—tend to overlook. Most people realize that the TCPA contains two separate provisions with respect to the use of regulated technology to place calls to phone numbers; one applies to cell phones and the other to landlines. But most overlook that the two provisions contain radically different triggers for liability.
Tomorrow is the big hearing entitled, “Modernizing the Telephone Consumer Protection Act” in which the House Communications and Technology Subcommittee, chaired by Rep. Greg Walden (R-OR), will discuss, well, modernizing the TCPA.
The DC Circuit Court of Appeal has revealed the panel for the ACA, Intl. proceeding challenging the FCC’s oft-criticized 2015 TCPA Omnibus ruling. The judges assigned are Judges Srinivasan, Pillard, and Edwards.
Within an hour or so of the Supreme Court handing down its landmark ruling in Spokeo v. Robins, 136 S. Ct. 1540 (2016), I had declared the case to be the end of TCPA class litigation.