Author Archives

Eric J. Troutman

BREAKING TCPA NEWS: FCC SEEKS FURTHER COMMENT ON INTERPRETATION OF THE TELEPHONE CONSUMER PROTECTION ACT IN LIGHT OF THE NINTH CIRCUIT’S MARKS V. CRUNCH SAN DIEGO, LLC DECISION

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 […]

TCPA’s Expert Marksman: The Man Who Brought TCPAland the Marks Decision Joins the Ramble Podcast to Discuss the Future of the TCPA

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 […]

Rock On!: Second Court Finds that BBA Amendment Exempting Government-Backed Debt Affords Complete Defense Despite FCC’s Failure to Enact Implementing Regulations

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 […]

Unusual First Amendment Challenge Rejected in Fax TCPA Case: Court Upholds TCPA Applying Intermediate Scrutiny in Struggle Over Lawfulness of Statutory Damages

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. […]

Unprecedented Settlement Rejection: Court Refuses to Approve $17.5MM TCPA Settlement on Current Record–Says “Good Chance” that Class Counsel “Sold the Case Short”

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 […]

Stop Means Stop: Court Certifies TCPA Class Action in “Stop” Text Message Case–But Forces Class Counsel to Amend Retainer Agreement to Allow Individual Settlement

  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 […]