Court Reduces Punitive Damages Award in FCRA Case
In Ramones v. AR Res., Inc., No. 19-62949-CIV-SCOLA/SEITZ (S.D. Fla. Apr. 8, 2022), the court refused to set aside an award of punitive damages based on violations of the Fair...
TCPA
Is Express Revocation Necessary? District Court Finds Genuine Dispute of Material Fact Regarding TCPA Consent, Absent Evidence of Express Revocation
A Kentucky district court judge recently granted in part and denied in part a defendant’s motion for summary judgment in a Telephone Consumer Protection Act (TCPA) case, Barnett v. First...
Just For Fun? Power Rankings: Here is TCPA.World’s (First Annual) Definitive List of the Top 10 Most Dangerous Plaintiff’s Shops Out There
So I just got done watching Selection Sunday.Pretty much what you see every year. Too many Big 10 teams in the field. Not enough Pac 12 teams. But it all...
Cleared Out: Court Orders Enormous Set of Discovery to Be Produced–but Why?
As every TCPA class action lawyer knows, the primary strategy of the Plaintiff’s bar is to serve massively overbroad discovery demands to put enormous pressure on the Defendant to settle...
Recycled Number Blues: Good Faith Defense Rejected Again as Liberty University Trapped in TCPA Suit
Calls to wrong/recycled numbers are really in the TCPAWorld news lately.As everyone knows, a major bank was recently crushed by a certification ruling involving collections calls to wrong numbers.The FCC’s...
$195,000 in Damages on 26 Calls?: New Decision Shows Just How Extreme TCPA Damages Can Get
It is commonly said that a Plaintiff can recover between $500 and $1,500 per call under the TCPA.For Defendant, that may be wishful thinking.[article_ad]It has been a trend for some...
Court Finds Text Messages Do Not Qualify As Artificial or Prerecorded Voice Messages Under the TCPA
In Eggleston v. Reward Zone USA LLC, No. 2:20-cv-01027-SVW-KS (C.D. Cal. Jan. 28, 2022), the U.S. District Court for the Central District of California rejected the argument that text messages...
Reserved: Clever Trick by Plaintiff’s Lawyers is Getting TCPA Auto-dialer Allegations Past the Pleadings Stage in Spades
I’m on record stating that the Plaintiff’s bar is more creative than the Defense bar. Indeed, sometimes I wonder if me and Ryan/Paul are the only guys dreaming stuff up...
FCC Chairwoman Rosenworcel Says Ringless Voicemails Should Be Prohibited Without Prior Consent
On February 2, 2022, the Federal Communications Commission (FCC) issued a Press Release to announce that FCC Chairwoman Rosenworcel proposed an action, that if adopted by the full commission, would...
Owners Sued After Company Dissolved: New Ruling Highlights Why TCPA Liability Doesn’t Always Die With Company Making Calls
As we’ve covered repeatedly on TCPAWorld, one of the most unfair things about this whacky TCPAWorld of ours is that individual employees, officers and directors of companies that violate the...