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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...

The TCPA and Severability: Why The Supreme Court Will Not Sever The Government Backed Debt Exemption

USA - February 24 2020 One of the most frequent questions I receive when discussing the TCPA and the First Amendment is, “why can’t the Court just sever the...

Seventh Circuit Joins The Party: Another Circuit Rejects Marks And Holds A Random or Sequential Number Generator Is Required For A System to be An ATDS

USA - February 19 2020 Turns out words do have meaning, at least in the Third, Seventh, and Eleventh Circuits. Earlier today, a unanimous Seventh Circuit panel followed the...

Questions of Fact Abound: WDNY Magistrate Recommends Denying Pre-Discovery Motion for Summary Judgment on TCPA Claims

USA - November 12 2019 Aggressive, pre-answer motion practice is often warranted in TCPA cases, particularly in class actions. But as a defendant found out in the Western...