When TCPAWorld reported on the ATDS case surviving the pleadings stage recently I had a bad feeling we were about to see more of these arguments. And now– in a classic canary-coalmine moment– serial litigator and famed…
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/ Communications & Media Law, Consumer Protection, Privacy
So we had an incredible R.E.A.C.H. member call on Friday. We covered a ton of critical topics– FTC actions, new SMS rulings, FCC and legislative developments and advocacy work, big TCPA developments, etc. If you’re not a member…
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/ Communications & Media Law, Consumer Protection, Insurance, Privacy
The bar for pleading solicitations in TCPA DNC cases may have just been raised a smidge. In Bell v. Hawx Services, 2025 WL 2533371 (E.D. Cal Sept. 3, 2025) a court dismissed a TCPA DNC case finding allegations the calls at issue…
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/ Civil Procedure, Communications & Media Law, Consumer Protection, Privacy
Well the #biglaw surrender monkeys have struck again. This time it is Zales– the diamond store– that has face-planted in a TCPA class action as a result of big law representation. Not sure when folks are going to figure this out…
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/ Communications & Media Law, Consumer Protection, Privacy
Wild one for you in a TCPA suit against Charter. “This case has been litigated to a remarkable degree for a single-plaintiff Telephone Consumer Protection Act (“TCPA”) case.” So stated Plaintiff in her motion for summary…
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/ Civil Procedure, Communications & Media Law, Consumer Protection, Privacy
The FCC continues to intensify its war on robocalls, cutting off more than 1,200 voice service providers from the Robocall Mitigation Database for failing to comply per the FCC’s announcement today. This massive sweeping action…
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/ Administrative Law, Communications & Media Law, Consumer Protection, Privacy
In his latest win, Mark Dobronski filed suit against George Magana Younghorse, doing business as Signzdirect, claiming 19 unsolicited fax advertisements violated both the Telephone Consumer Protection Act (TCPA) and Michigan’s…
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/ Civil Procedure, Civil Remedies, Communications & Media Law, Privacy
The law is so arcane. A jungle of ferns and vines to snag and ensnare. Only the truly wary can survive long. It takes a survivalist instinct. I love it here. As one federal judge said of me once after I failed to fall into…
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/ Civil Procedure, Consumer Protection, Privacy
This one should be obvious by now– I mean I even took the slide on this subject out of my deck for Contact.io because I have covered it too many times. But it looks like folks need a reminder: Just because you are on the…
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/ Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Communications & Media Law, Privacy
Every once in a while I see a case where a Plaintiff invites calls on a recorded call and then sues for the calls. Its weird. But it happens often enough that it merits discussion. So the law requires written prior express…
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/ Communications & Media Law, Consumer Protection, Privacy
Ever pump gas and seen the little POS sign up screen asking you to join an SMS program to save a few cents a gallon on gas? I know I have and I always chuckled because I know the disclosures are inadequate and the entire process…
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/ Communications & Media Law, Consumer Protection, Privacy
On April 21, 2025 Plaintiffs ANTHONY KAMEL, LINNEA MENIN, JASMINE OTTE, JENNIFER SCHOFIELD sued Albertson Companies, Inc. claiming it had violated the TCPA by sending SMS messages to each of them after a STOP request. Complaint…
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/ Communications & Media Law, Consumer Protection, Privacy
What were you doing back in April, 2018?
I actually remember that timeframe very well for unfortunate reasons I will not discuss because I am nice Czar right now. But for Mike Greenwald– Mr. Number One– he was merrily headed…
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/ Civil Procedure, Communications & Media Law, Consumer Protection, Privacy
Awesome little case for you today. As we all know there are these online forums where trolls get together and plot out ways to small (and large) businesses in TCPA suits. Sometimes these forums share completely legitimate tips…
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/ Civil Procedure, Communications & Media Law, Consumer Protection, Electronic Discovery, Privacy
So I was out of the office for a little while taking my kids on a tour of MLB ballparks (We are up to 25 out of 30!) I return to the news of two massive FTC settlements crushing insurance lead generators and… this. Last week the…
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/ Administrative Law, Communications & Media Law, Consumer Protection, Privacy