As we get near Halloween, how about a quick tale of a phantom lurking in our halls? Amidst all of the hubbub surrounding the big Marks opinion a couple weeks back–including the FCC’s decision to re-open the comment period on its pending Public Notice on the TCPA— it is easy […]
Supplemental Public Notice on TCPA Scope Post Marks Well the Marks case just got even bigger somehow. After the extreme position taken by the Ninth Circuit Court of Appeal two weeks ago the Federal Communications Commission (“FCC”) has decided to re-open the comment period to allow the public to weigh […]
He was already the Godfather of TCPA class actions, and now he’s the man that brought TCPAland arguably the most impactful TCPA ruling in history– Marks v. Crunch. Abbas Kazerounian–lead counsel for Appellant Marks–joined the Ramble podcast last week IN STUDIO. The podcast interview is now available here! Abbas is always […]
Quick hitter for you TCPAland. Yesterday the court in Sanford v. Navient Solutions, LLC, Case No. 1:17-cv-4356, 2018 WL 4699890 (S.D. Ind. Oct. 1, 2018) became the second court in the nation to hold that the 2015 Balanced Budget Act amendments–the same that make the TCPA a content-based restriction […]
With all the buzz generated by the Gallion First Amendment challenge in the Ninth Circuit Court of Appeal, we’ll report on First Amendment TCPA challenges wherever we find them from now on. We have a strange one out of Arkansas from last month that Westlaw just alerted us to today. […]
I’ve said enough on the subject of the watered-down version of strict scrutiny being applied to the Telephone Consumer Protection Act (“TCPA”) and how that might impact the future of free speech in the country. See here and here and here and here and even here. And here are the […]
Oh dear. Oh dear me. The Hon. Matthew Kennelly has already made quite the mark on TCPAland. He handed down the big Aranda ruling that turned Spokeo-based TCPA arguments into minced meat. And he recently prevailed over the largest TCPA settlement in history in the Birchmeier settlement–a $76MM resolution that saw Edelson PC […]
TCPAland is so full of interesting little stories. I know from first hand experience that class counsel commonly use an unpleasant little clause to keep their would-be class representatives from settling cases individually. This makes sense to a degree–consumer law firms devote tremendous resources to fighting class […]