We aim to highlight the importance of due diligence in lead campaigns and to keep our customers and industry associates up-to-date with the compliance news reported from our industry. These articles are reprinted here for our readers, courtesy of TCPA World Czar Eric J. Troutman. The information on this page and related links is provided for general education purposes only and is not legal advice. Convoso does not guarantee the accuracy or appropriateness of this information to your situation. You are solely responsible for using Convoso’s services in a legally compliant way and should consult your legal counsel for compliance advice. Any quotes are solely the views of the quoted person and do not necessarily reflect the views or opinions of Convoso.
Here’s what TCPA legal experts are tracking…
Yet ANOTHER TCPA suit may be headed to SCOTUS review– Class Action Incentive Awards hang in the balance nationwide
by Eric J. Troutman, Troutman Firm, TCPAWorld
Should people be paid for bringing class actions resulting in settlements? That is the question that MIGHT be headed to the U.S. Supreme Court. And the statute that brought it to you? The TCPA, of course. The TCPA has resulted in NUMEROUS U.S. Supreme Court rulings in the last dozen years or so. Sure, everyone knows Facebook. Many of you know AAPC. But what about Campbell Ewald? Mims? PDR Resources? Holster?
The Fifth Circuit STRIKES DOWN the CFPB’s pay day lending rule determining the CFPB is ILLEGALLY funded! Agency crippled nationwide
by Eric J. Troutman, Troutman Firm, TCPAWorld
To understand the ruling you’ll have to understand basic principles of constitutional law. To really understand the ruling, however, you’ll have to understand some not-so-basic tenets of political theory. (And I applaud the Court for not shying away from those in its analysis.)
We’ll walk through some of this together–including why the modern political party system is corrupt and anti-constitutional–but first, the punchline…
The Ninth Circuit Court of Appeals holds TCPA damages can be UNCONSTITUTIONAL because they are too HIGH under prevailing law. New class action opposition argument enabled
by Eric J. Troutman, Troutman Firm, TCPAWorld
First, the CFPB was struck down. And now the TCPA’s famed statutory damages may be out the window thanks to something called the Six Mexican Workers test.
I mean, how much fun is this? TCPAWorld denizens know well the story of multi-level marketer Visalus. The company was CRUSHED by a $925MM judgment following a jury trial on TCPA claims back in 2019. The jury had returned a finding off 1,850,436 unlawful automated calls resulting in an award of $925,218,000.00, or so it seemed.
Remarkably, just a month after the verdict the FCC came out with a retroactive waiver that essentially elevated Visalus’ insufficient consent to sufficient consent. Visalus had seemingly been saved!
The Ninth Circuit also holds Defendants have the BURDEN of proving phone on DNC is NOT a residential line (prove a negative!) Plus ruling CRIPPLES fight against litigators.
by Eric J. Troutman, Troutman Firm, TCPAWorld
So I’m a big fan of creative arguments. I have more first-in-the-nation TCPA wins than any other human being alive and I am always looking for the next GREAT angle, even if someone else dreams it up. (For instance that Rombough win earlier this year was just brilliant.) But some arguments are just destined for failure and smack of desperation, if not disingenuity. Not such a big fan of those. Take the arguments Porch made to the Ninth Circuit Court of Appeals in Chennette v. Porch, 2022 WL 6884084 (Oct. 12, 2022 9th Cir.).
In Chennette, Porch–allegedly–made cold call solicitations to home improvement business owners in an effort to sell them leads for potential customers. As the calls were made to cell phones, the TCPA’s rules apply rather directly. Those rules are: i) no calls allowed using regulated technology; ii) no calls to numbers on the national DNC list, unless the numbers are not residential.
Get a recap of the latest contact center compliance news delivered monthly to your inbox. Subscribe here >
