Author Archives

Eric J. Troutman

TCPA Lawyers Cashing In: Court Approves Massive $20.4MM Fee Award in Favor of Class Counsel in TCPA Case Against Dish Networks

While the saga in Krakauer v. Dish Network, LLC may be far from over, the Plaintiff’s attorneys in that case certainly have something to smile about. Twenty million somethings. In Krakauer v. Dish Network, Case No. 1:14-cv-333, 2018 U.S. Dies. Lexis 203725 (M.D.N.C. Dec. 3, 2018)–just the latest in a series of […]

Bad Plan: Court Approves Certification in TCPA Text Message Case Including Remarkable “Ask-the-Subscriber-Who-Is-Using-Their-Phone-Plan” Administration Plan

Well now I’ve seen everything.  Yep. Everything. Yesterday a court in Florida certified a TCPA class action against Pizza Hut and some of its marketing partners/friends/afilliates, whatever, that’s not the point.  Because the class consisted of wrong party call recipients the primary issue–for some reason– in the certification […]

Pulling it All Together: How Recent Legislative, Judicial and Regulatory Developments Have Made Understanding TCPA Compliance More Important (and Complex) than Ever Before

2018 wasn’t supposed to end like this. With the long-awaited ACA Int’l ruling finally handed down–predictably overruling the FCC’s disastrous 2015 TCPA Omnibus Ruling–and with the fate of the TCPA seemingly resting in the confident hands of the FCC’s new Chairman–business-friendly Republican Trump-appointee Ajit Pai— it looked like large-scale TCPA […]

A little TCPA “HELP”: Court Holds Responding to HELP Message Does not Create TCPA Liability– But Suggests Use of a Short Code Alone Supports ATDS Allegation

  Another day another patchwork ATDS decision here in TCPAland. But this latest case has an interesting wrinkle– can a text message responding to a “help” request from a consumer be sent even if the original text prompting the “help” response was sent without consent? In Zemel v. CSC […]

TCPA Taking its Toll: Third Circuit Court of Appeal Rejects Tolling of TCPA Claims in favor of Plaintiff that Served as Class Representative in Earlier Suit

The TCPA legal doctrine atom smasher continues to, well, smash atoms. Earlier today we learned a bit about Article III standing of class representatives from a TCPA case, and now the wide world gets to learn about the proper application of the American Pipe tolling doctrine brought to you–once again–through […]

Fair Doctrine?: Second Circuit Rejects Deposit Via Rule 67 as Means of Mooting TCPA Class Action–Finds Plaintiff Must Be Afforded a “Fair Opportunity” to Seek Certification

Just days ago I wrote about a district court opinion rejecting a tender of complete relief to pick off a named class representative’s claim in a putative TCPA class action. Well today the Second Circuit Court of Appeal has weighed in on the issue and rejected the idea […]