Examining the Strategies of a TCPA Litigator
This article covers some of the most frequently used techniques by litigators, the sorts of businesses that they target, and some of the most prominent and illustrative TCPA judgments and settlements.
News
Court in TCPA Case Rules that Retroactively Added Arbitration Clause Is Unenforceable
A district court ruled that the defendant in a TCPA class action could not compel a plaintiff to arbitration due to the fact that the arbitration language in the company’s terms and conditions was not added until after the plaintiff accepted those terms and conditions.
Louisiana’s Coronavirus State of Emergency Does Not Currently Ban Telephone Solicitations
Anyone who is familiar with the best practices for calling during declared states of emergency knows that a declared state of emergency in Louisiana means that telemarketing is prohibited in that state for the duration of the emergency.
New York State Reduces Medical Debt Statue of Limitations to Three Years
The legislature of the state of New York and Governor Andrew Cuomo enacted the state’s 2021 Executive Budget. Among the budget’s provisions is one that reduces the statute of limitations from six years to three years for collections lawsuits on medical debt.
Court Awards $89 Million Attorney Fee in TCPA Case
Throughout the various ups and downs of Telephone Consumer Protection Act (TCPA) litigation, federal and state regulatory actions, and precedent-setting court decisions, one of the few consistent truths is that plaintiff attorneys make money hand over fist.
2020 May Restricted Do Not Call Dates
State Restricted Do Not Call Dates
May 4, 2020 – Rhode Island Independence Day
- Rhode Island
May 25, 2020 – National Memorial Day
- Alabama, Louisiana, Mississippi, Pennsylvania, Rhode Island, Utah
May 25, 2020 – Jefferson Davis’ Birthday
- Mississippi
Canadian Restricted Do Not Call Dates
May 18, 2020 – Victoria Day
- National, except New Brunswick and Nova Scotia
District Court Rejects Argument That Ringless Voicemail Not Covered by TCPA
A district court in Florida delivered the latest in a series of rulings that undermine the argument that ringless voicemail is not covered by Telephone Consumer Protection Act (TCPA) regulations.
Second Circuit Follows Broad ATDS Definition from Marks
In the ongoing saga of what sorts of dialing technology is considered an automatic telephone dialing system (ATDS)—and thus subject to the Telephone Consumer Protection Act’s (TCPA) regulations on autodialers—the Second Circuit Court of Appeals has bucked recent trends and adopted the precedent of the Ninth Circuit’s extremely broad ATDS def
FCC Mandates Implementation of STIR/SHAKEN by June 2021
In another move to enact the provisions of the TRACED Act, the Federal Communications Commission (FCC) adopted an order that officially mandates that all phone companies implement STIR/SHAKEN call authentication technology by June 30, 2021.