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Telephone Consumer Protection Act › Federal Rules of Civil Procedure › Litigation Strategies

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Troutman Amin LLP

$150k DEFAULT JUDGMENT STANDS: T-Mobile Cannot Evade Expensive TCPA Loss Due to a Simple Procedure Failure

Troutman Amin LLP on

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...more

Troutman Amin LLP

NOCK ON WOOD: Rare Order Granting a Plaintiff’s Request to Transfer Case Granted– TCPA Defendant Robbed of Summary Judgment?

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Unusual one for you today. In Nock v. Spring Energy, 2025 WL 2046196 (S.D. N.Y. July 22, 2025) the court entered an order transferring a TCPA case to Maryland. Ok, fairly blasé. What’s the point Czar? Well it was the...more

Troutman Amin LLP

OVER THE HILL: Litigator Adean Hill Jr. Just Can’t Seem to Get Service Accomplished

Troutman Amin LLP on

TCPAWorld has a bunch of little side stories in addition to all the big ones. Here’s a quick one for you. In Adean Hill v. Amity One Tax, 2025 WL 1592957 (N.D. Tex. June 5, 2025) the Court gave Hill one last chance to serve...more

Robinson Bradshaw

Will the Supreme Court Weigh In on Ascertainability?

Robinson Bradshaw on

We’ve written previously about courts’ differing approaches to ascertainability — an implicit requirement under Rule 23 that class members must be identifiable. A pending petition for certiorari in Career Counseling, Inc. v....more

Faegre Drinker Biddle & Reath LLP

Court Dismisses TCPA Case Due to Failure to Plausibly Allege That the Defendant Made the Calls at Issue

Faegre Drinker Biddle & Reath LLP on

A recent decision out of the Eastern District of Virginia, Matthews v. Senior Life Ins. Co., provides a helpful reminder that TCPA complaints do not satisfy Rule 8’s pleading standard if they do not plausibly link the...more

Faegre Drinker Biddle & Reath LLP

District of Arizona Denies Certification of Claims Against Defendant That Had Defaulted

Faegre Drinker Biddle & Reath LLP on

A TCPA defendant in Arizona federal court recently uncovered what appears to be a previously undiscovered silver-lining to a default judgment: a denial of class certification....more

Klein Moynihan Turco LLP

Act Quickly After Receiving a TCPA Subpoena

Klein Moynihan Turco LLP on

The discovery process is a crucial part of any Telephone Consumer Protection Act (“TCPA”) lawsuit. Oftentimes, important information and documents, such as consent records, will be in the possession of third parties. As a...more

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