Craig Cunningham is among the most notorious serial plaintiffs in consumer protection law, but his most recent attempt to enrich himself thanks to the Telephone Consumer Protection Act (TCPA) has been unsuccessful. Cunningham is infamous for having represented himself in dozens of Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), and TCPA… Continue reading Infamous Serial Plaintiff’s Latest Lawsuit Dismissed
Tag: Litigation
What a TCPA Lawsuit Can Cost You
Who stands to bear the costs of a Telephone Consumer Protection Act (TCPA) lawsuit? If you have to ask, the answer is probably, “You do.” Any business that conducts a significant amount of telephone solicitations is at risk of running afoul of the TCPA. Even non-marketing calls can trigger TCPA liability.
Examining the Strategies of a TCPA Litigator
This article covers some of the most frequently used techniques by litigators, the sorts of businesses that they target, and some of the most prominent and illustrative TCPA judgments and settlements.
Two Courts Reject Excel Sheet ATDS Argument
On consecutive days last week, two different district courts in two different circuits handed down rulings in two different Telephone Consumer Protection Act (TCPA) cases that rejected a common argument that would have essentially rendered any computer-based dialer as an Automatic Telephone Dialing System (ATDS). One case—Decapua v. Metro. Prop. & Cas. Ins. Co., C.A.… Continue reading Two Courts Reject Excel Sheet ATDS Argument
Smartphone App Includes Automatic Robocall Lawsuit Feature
As robocalls have become an increasingly prominent issue, software developers have produced a bevy of anti-robocall apps. Most of these are variations on a call-blocking theme but one new app takes things much further. DoNotPay’s “robot lawyer” app has a new feature, called Robo Revenge, that essentially baits robocallers into Telephone Consumer Protection Act (TCPA)… Continue reading Smartphone App Includes Automatic Robocall Lawsuit Feature
Court Rules In Favor of TCPA Defendant Claiming Previous Subscriber’s Consent
A district court ruled that a caller could reasonably rely on the consent of a previous subscriber when calling a number that had since been recycled to another user.
Bank Hit with Near-$200,000 Judgment for TCPA Violations
The Southern District of New York Court rendered a costly judgment against the defendant in Jiminez v. Credit One Bank, N.A., No. 17 CV 2844-LTS-JLC, 2019 U.S. Dist. LEXIS 203613 (S.D.N.Y. Nov. 22, 2019): $197,000 for 380 calls that violated the Telephone Consumer Protection Act (TCPA). Interestingly, 42 of those calls were made to a… Continue reading Bank Hit with Near-$200,000 Judgment for TCPA Violations
District Court Rules That Non-Commercial Advertising Robocalls to Landlines Do Not Violate TCPA
A recent District Court ruling in a Telephone Consumer Protection Act (TCPA) case—Savett v. Anthem, Inc., CASE NO. 1:18-CV-274, 2019 U.S. Dist. LEXIS 190955 (N.D. Oh. Nov. 4, 2019)—threads a very specific needle and provides an interesting clarification regarding what constitutes a telemarketing robocall to a landline. The case involved prerecorded calls that Anthem placed… Continue reading District Court Rules That Non-Commercial Advertising Robocalls to Landlines Do Not Violate TCPA
California District Court Rules that Revocation of Consent for One Account Doesn’t Automatically Apply to All of Plaintiff’s Accounts
A California District Court handed down a ruling in a debt collection-related Telephone Consumer Protection Act (TCPA) case that potentially sets a clarifying precent on how revocation of consent applies to debtors with multiple accounts. The case—Henry Mendoza v. Allied Interstate LLC, et al., Case No. SACV 17-885 JVS, Doc. No. 64 (C.D. Cal. Oct.… Continue reading California District Court Rules that Revocation of Consent for One Account Doesn’t Automatically Apply to All of Plaintiff’s Accounts
District Court Rules the Plaintiff Cannot Revoke Consent Through Strategies Such as the Use of a Fake British Accent
The plaintiff in Johnson v. Capital One Servs., No. 18-cv-62058, 2019 U.S. Dist. LEXIS 159633 (S.D. Fla. Sept. 16, 2019) attempted a novel technique in order to provoke Telephone Consumer Protection Act (TCPA) violations from the defendant: trying to revoke consent by speaking with a fake British accent and telling the defendant’s agent that they were… Continue reading District Court Rules the Plaintiff Cannot Revoke Consent Through Strategies Such as the Use of a Fake British Accent