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A Sign Of Things To Come: CFPB Rescinds “Abusive” Guidance

USA - March 12 2021 Perhaps the most controversial aspect of the Richard Cordray-era CFPB was its use of UDAAP enforcement authority to punish companies for conduct that…

A Pyrrhic Victory? D. Mass Adopts Marks And Holds A Text Is A Call

USA - March 12 2021 In what could be a very short-lived victory for the plaintiff, the District of Massachusetts just adopted the Marks ATDS formulation and held that a…

Venue Matters: California Court Rejects Plaintiff’s Attempt To Manufacture Venue And Dismisses Action Outright

USA - March 8 2021 In class action litigation - particularly TCPA class actions - procedural fights can be more important than substantive merits. And a recent decision…

Out With The Old, In With The New: Archduke’s 2021 TCPA Predictions

USA - January 4 2021 Welcome to 2021, TCPAWorld. May it be slightly less terrible than 2020. And on that note, here are my predictions for the TCPA and calling…

The TCPA and the First Amendment: Where We Are and Where We’re Going

USA - July 13 2020 Following the Supreme Court’s long awaited, but ultimately disappointing, decision in Barr v. AAPC, one thing is clear. Broad, facial challenges to…