Litigation

Infamous Serial Plaintiff's Latest Lawsuit Dismissed

Craig Cunningham is among the most notorious serial plaintiffs in consumer protection law, but his most recent attempt to enrich himself thanks to the Telephone Consumer Protection Act (TCPA) has been unsuccessful.

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What a TCPA Lawsuit Can Cost You

Who stands to bear the costs of a Telephone Consumer Protection Act (TCPA) lawsuit? If you have to ask, the answer is probably, “You do.” Any business that conducts a significant amount of telephone solicitations is at risk of running afoul of the TCPA. Even non-marketing calls can trigger TCPA liability.

An illustration of human brain with the different sections labeled with terms relevant to TCPA compliance

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.

Two Courts Reject Excel Sheet ATDS Argument

On consecutive days last week, two different district courts in two different circuits handed down rulings in two different Telephone Consumer Protection Act (TCPA) cases that rejected a common argument that would have essentially rendered any computer-based dialer as an Automatic Telephone Dialing System (ATDS). One case—Decapua v. Metro. Prop. & Cas. Ins. Co., C.A. No.

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Smartphone App Includes Automatic Robocall Lawsuit Feature

As robocalls have become an increasingly prominent issue, software developers have produced a bevy of anti-robocall apps. Most of these are variations on a call-blocking theme but one new app takes things much further. DoNotPay’s “robot lawyer” app has a new feature, called Robo Revenge, that essentially baits robocallers into Telephone Consumer Protection Act (TCPA) lawsuits.

Court Rules In Favor of TCPA Defendant Claiming Previous Subscriber’s Consent

A district court ruled that a caller could reasonably rely on the consent of a previous subscriber when calling a number that had since been recycled to another user.

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Bank Hit with Near-$200,000 Judgment for TCPA Violations

The Southern District of New York Court rendered a costly judgment against the defendant in Jiminez v. Credit One Bank, N.A., No. 17 CV 2844-LTS-JLC, 2019 U.S. Dist. LEXIS 203613 (S.D.N.Y. Nov. 22, 2019): $197,000 for 380 calls that violated the Telephone Consumer Protection Act (TCPA).

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District Court Rules That Non-Commercial Advertising Robocalls to Landlines Do Not Violate TCPA

A recent District Court ruling in a Telephone Consumer Protection Act (TCPA) case—Savett v. Anthem, Inc., CASE NO. 1:18-CV-274, 2019 U.S. Dist. LEXIS 190955 (N.D. Oh. Nov. 4, 2019)—threads a very specific needle and provides an interesting clarification regarding what constitutes a telemarketing robocall to a landline.

California District Court Rules that Revocation of Consent for One Account Doesn’t Automatically Apply to All of Plaintiff’s Accounts

A California District Court handed down a ruling in a debt collection-related Telephone Consumer Protection Act (TCPA) case that potentially sets a clarifying precent on how revocation of consent applies to debtors with multiple accounts.

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District Court Rules the Plaintiff Cannot Revoke Consent Through Strategies Such as the Use of a Fake British Accent

The plaintiff in Johnson v. Capital One Servs., No. 18-cv-62058, 2019 U.S. Dist. LEXIS 159633 (S.D. Fla. Sept.

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