News & Analysis as of

Telecommunications Telemarketing Telephone Consumer Protection Act

Troutman Amin LLP

CHEAP JEWELRY EXPENSIVE SETTLEMENT?: Zales Surrenders in $7.5MM TCPA Class Action Involving SMS Messages to DNC Numbers–and This...

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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...more

Vorys, Sater, Seymour and Pease LLP

Texas SB 140 – Texas’ New and Not-So-Mini TCPA Requirements

Texas continues the trend of state “mini-TCPA” laws expansion in response to the Supreme Court of the Unites States’ landmark ruling in Facebook v. Duguid, which limited the reach of the TCPA by narrowly defining an...more

Orrick, Herrington & Sutcliffe LLP

FCC reinstates “prior express consent” standard for robocalls after Eleventh Circuit vacates 2023 rule

On August 29, the FCC reinstated its previous standard for “prior express consent” under the Telephone Consumer Protection Act (TCPA), following the U.S. Court of Appeals for the 11th Circuit’s decision to vacate the agency’s...more

Troutman Amin LLP

IN A TRENCH: Default Entered Against Tranche Technologies as Charter Bets Big in Individual TCPA Suit

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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...more

Troutman Amin LLP

Easy Dobronski Win: Court Recalculates Higher Damages and Grants Default

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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...more

Troutman Amin LLP

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

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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

ANOTHER ONE: US Health Advisors Buys Lead But Can’t Enforce Arbitration And We’ve Seen This Movie Before

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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...more

Troutman Amin LLP

SILLY TROLL: No You Can’t Invite Calls And then Sue For Them

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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...more

Klein Moynihan Turco LLP

What Is A “Residential Subscriber” Under The TCPA?

Our readers may recall a piece in which we discussed a recent decision from the United States Supreme Court which more than opened the door to judicial review of the Telephone Consumer Protection Act’s (“TCPA”) implementing...more

Lowenstein Sandler LLP

Texas ‘Mini-TCPA’ Goes Into Effect September 1, 2025: What You Need To Know

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Effective September 1, 2025, Texas Senate Bill 140 (SB 140) materially expands the scope of the Texas Business and Commerce Code §§ 301-305 (Mini-TCPA) governing both telephone and SMS marketing. The statute requires...more

Troutman Amin LLP

SHELLED: Shell Sued Over Its Fuel Rewards SMS Program And We All Saw That One Coming

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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...more

Klein Moynihan Turco LLP

Court Upholds TCPA Prerecorded Voice Claims

On June 10, 2025, the United States District Court for the Northern District of Illinois issued a noteworthy decision for companies that find themselves contesting prerecorded voice claims. In Taylor v. Kin Insurance Inc.,...more

Troutman Amin LLP

EYEBROW RAISING: Albertson’s Agrees to Pay Nearly $6MM to Settle TCPA Revocation Class Action But That’s Only Half The Story Here

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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....more

Troutman Amin LLP

THE LONGEST DISTANCE: Class Counsel Always Need to Hold Their Breath When Seeking Their Big Pay Days– Here’s Why

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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...more

Polsinelli

TCPA Class Actions Challenge Companies for Not Scrubbing Against the FCC’s Reassigned Numbers Database

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Key Takeaways: Companies should scrub calling lists against the Reassigned Numbers Database (RND) at least every 31 days to protect themselves from TCPA liability....more

Cozen O'Connor

No More Mr. Nice Dial: AGs Turn Up Heat on Robocallers

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The Anti-Robocall Multistate Litigation Task Force, a bipartisan coalition of 51 AGs, has launched “Operation Robocall Roundup,” a multistate effort to crack down on robocalls across the country. As part of the operation,...more

Kelley Drye & Warren LLP

FCC and State AG Announcements Show Focus on Robocall Enforcement

Regulatory enforcement priorities can vary greatly between individual states and between the states and the federal government. But as we have previously reported, there is one area where regulators across the board tend to...more

Troutman Amin LLP

CLASS DECERTIFIED: Company That Was Too Small to Pay Class Judgment Exits Certified TCPA Case for Individual Settlement– And Its a...

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Every once in a while a plaintiff’s attorney will do the unthinkable. They will win certification in a TCPA class action and then walk it back– agreeing to accept an individual resolution instead of a classwide deal. The...more

Troutman Pepper Locke

Post-McLaughlin TCPA Chaos Begins With Contradictory Rulings on Text Messages

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Earlier this month, the U.S. Supreme Court held that district courts are not bound by the Federal Communication Commission’s (FCC) interpretations of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. §227. See...more

Troutman Amin LLP

TCPAWORLD ON THE ROAD: Nomorobo is at it again– Suing RSI ENTERPRISES, INC for at least $1.798MM

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So I am on the road for a little baseball related vacation with the boys. But that won’t stop me from bringing you the latest TCPA developments! One of the biggest stories of 2025 so far is Nomorobo– a massive honeypot owner–...more

Kelley Drye & Warren LLP

TCPA Tracker: April-June 2025

On June 20, 2025, the U.S. Supreme Court held that a district court in an enforcement proceeding is not bound by an agency’s pre-enforcement interpretation of a statute. Rather, as the Court held in McLaughlin Chiropractic...more

Troutman Amin LLP

CHAOS CHAOS: A different Court Holds SMS Messages ARE Subject to TCPA DNC Protections– On the SAME DAY A Different Court Disagreed

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Gees keep up everyone! Moments ago I told you to expect chaos as a district court just held (for the first time) SMS Messages are NOT subject to the TCPA’s DNC rules. I told you other courts would disagree. Didn’t realize...more

Pierce Atwood LLP

FCC 'Deletes' TCPA Regulations Following Supreme Court and Eleventh Circuit Rulings

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In the last month, we have gained additional insight into the future of the Federal Communications Commission’s (FCC) Telephone Consumer Protection Act (TCPA) regulation and how class action litigation might be shaped by...more

Klein Moynihan Turco LLP

Caller ID and Text Messages

In Newell v. JR Capital, LLC, a Pennsylvania federal court recently considered, among other things, whether the Telephone Consumer Protection Act’s (“TCPA”) caller identification (“Caller ID”) requirements apply to text...more

Womble Bond Dickinson

FCC Repeals One-to-One Consent Rule Following Eleventh Circuit Decision

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Following a January 2025 decision by the Eleventh Circuit Court, the Federal Communications Commission (FCC or Commission) has repealed its one-to-one consent rule for prior express written consent, consistent with its...more

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