Search Results for ‘tcpa’

“It’s what I do”: professional TCPA plaintiff had 35 cellphones

“Melody Stoops admits she was in the ‘business’ of bringing lawsuits against companies over calls they made to her cell phones without her permission.” Storing the prepaid-service phones in a shoebox when not in use, she waited for robocalls from solvent companies, which are mostly banned under the Telephone Consumer Protection Act. “She has filed at least 11 TCPA cases in the U.S. District Court for the Western District of Pennsylvania and has sent at least 25 pre-litigation demand letters.” A judge has now disallowed her standing to sue on one of the cases, saying she cannot claim that the calls were a nuisance, invasion of privacy, or economic injury given that she obtained the phones with the goal of suffering legal injury. [Jessica Karmasek, Legal Newsline/Forbes]

TCPA logic fail — and an ironic target

Lawyers continue to craft class actions (here, here, etc.) demanding hundreds of millions or billions of dollars from businesses over what are often inadvertent or gray-area violations of the Telephone Consumer Protection Act, which bans unsolicited phone communication. Consumerist Ellen Taverna of NACA, the National Association of Consumer Advocates, finds talk of abuse “ridiculous” since at the same time phone users continue to report a large volume of (often patently unlawful and TCPA-flouting) call activity. Because how could there simultaneously be the one and the other? [Alison Frankel, Reuters] Unrelatedly, class actions over TCPA have found an especially ironic target: “The American Association of Justice, the national trade association that lobbies on behalf of plaintiffs’ lawyers seeking new ways to sue, itself got sued under the TCPA – by some of its own members. The AAJ was named in a class action lawsuit related to a blast fax sent to its members by a third-party vendor.” [Bryan Quigley, U.S. Chamber Institute for Legal Reform]

Put me on a list of people who sue a lot? See you in court!

Following a sharp rise in lawsuits under the Telephone Consumer Protection Act (TCPA), a business set up that provides lists of frequent TCPA litigants so that callers can make extra-sure not to place any calls to those numbers. A Pennsylvania man listed as a frequent litigant then proceeded to sue the service. “Yes, this actually happened: A person who really doesn’t like getting robocalls just sued a company that literally helps callers avoid calling people who really don’t like getting robocalls.” Now a federal court has dismissed his claim that the list provider, Blindbid Inc., is a consumer credit reporting bureau subject to the provisions of the federal Fair Credit Reporting Act, along with related claims of defamation and invasion of privacy. It did not resolve potential claims he might have under Ohio law. [Artin Betpera and Nicole Su, National Law Review]

California Consumer Privacy Act: legislate in haste…

The California Consumer Privacy Act, drawn up hastily to avert a threatened ballot initiative, purports to create six new categories of data-related consumer rights, “including the right to know; the right of data portability; the right to deletion; the right to opt-out of data sales; the right to not be discriminated against as a user; and a private right of action for data breaches.” Although sometimes compared to the European GDPR, the two laws are different and compliance with the one enactment (which has been immensely expensive already) does not accomplish compliance with the other. Expect uncertainty, fines, the California specialty of entrepreneurial class-action litigation, and more tilting of compliance cost structures to the benefit of tech companies and advertising intermediaries big enough to afford to spread the high expense over large revenue streams [Alec Stapp, Truth on the Market; more: Al Saikali, Washington Legal Foundation; Petrina McDaniel, Elliot Golding and Keshia Lipscomb, Squire Patton Boggs]

Liability roundup

Liability roundup

Best of Overlawyered — January 2017

Liability roundup

November 22 roundup