Author Archives

Eric J. Troutman

Marks Being Limited?: Another Text Message TCPA Case Dismissed After Defendant Passes the Human Intervention Test

  As the Telephone Consumer Protection Act (“TCPA”) case law surrounding automated telephone dialing system,s (“ATDS”) continues to emerge, a noticeable distinction seems to be developing between cases analyzing “automated” phone calls and those analyzing text messages. In the context of phone calls recent decisions seem to be […]

Innocent Until Proven Guilty: TCPA Complaint Using Unproven Claims in Earlier Suit as Crowbar for “Information and Belief” Allegations Deemed Insufficient

Determining what allegations are sufficient to establish direct and vicarious liability in TCPA cases is almost as tricky as determining whether ATDS allegations are sufficient. Just last week I reported that platform providers can be found directly liable for violations of the TCPA undertaken by users of those platforms merely […]

Big TCPA Day Continues: Ninth Circuit Reverses Summary Judgment in Favor of Defendant Where Plaintiff’s Revocation Testimony Raised a Question of Fact

Probably the single most common factual scenario we see in TCPA cases is the he-says/records-say revocation suit. The Plaintiff swears that he or she revoked consent. The business–which keeps great records and has bulletproof policies and training–presents records demonstrating that is just not so. Recognizing that human memories […]