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 […]

Putting on a Clinic: A Breakdown of Citi’s Recent Major Success Defeating Certification in a Revocation and Wrong Number TCPA Class Action

CitiGroup, Inc. (“Citi”) just defeated certification in a massive class action in the consumer-friendly Northern District of Illinois in the case of Tomeo v. CitiGroup, Inc., No. 13-C-4046, 2018 U.S. Dist. LEXIS 166117 (N.D. Ill. Sept. 27, 2018).  The lawyers and experts for Citi did a clinical job […]

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. […]