Indiana Court Grants Summary Judgment in Favor of Defendant, Holding that Simply Terminating Health Insurance Is Not Revocation of Prior Express Consent Under the TCPA

An Indiana couple recently discovered that cancelling your healthcare insurance plan means only that: the plan is terminated. In Wilkes v. Caresource Mgmt. Group Co. Case No. 4:16-CV-38 JVB, 2018 U.S. Dist. LEXIS 167107, the Indiana court held that simply canceling your insurance coverage is not enough to […]

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. […]

T.V. Borrows the Internet’s TCPA Star: Czar Takes to the Airwaves to Press for Common Sense Changes to the TCPA

It’s not your imagination, the Czar has been making appearances in television segments across the country the last few weeks. In stories reported in San Francisco and Boston and shared by sister stations in Los Angeles, Miami, and Dallas, Womble Bond Dickinson’s star class litigator— and TCPA know-it-all—Eric […]

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 […]