ONE IS WORSE: The TCPA Has Two Primary Restrictions– Violating One Has Decidedly Greater Penalties (Do You Know Which One?)

Violating the Telephone Consumer Protection Act (TCPA) is always dangerous. The TCPA governs most forms of telephone outreach–including calls and SMS messages–and provides protections against unwanted calls using regulated technology and unsolicited sales calls to numbers on the DNC. The TCPA has two primary provisions– and violating either carries big penalties. First, under 47 USCContinue reading "ONE IS WORSE: The TCPA Has Two Primary Restrictions– Violating One Has Decidedly Greater Penalties (Do You Know Which One?)"

$81,500.00 DAMAGE: Court Enters Default Judgment Against Easyrest in TCPA Suit

Telemarketing calls made using regulated technology that are made without prior express written consent violate the TCPA. Period. Just as Easyrest Adjustable Sleep Systems. In Slate v. Healthy Spirit, LLC, dba Easyrest 2025 WL 326985 (D. Md. Jan. 28, 2025) a consumer sued Easyrest contending it made unwanted telemarketing calls to his phone without consent. Easyrest apparentlyContinue reading "$81,500.00 DAMAGE: Court Enters Default Judgment Against Easyrest in TCPA Suit"

YOU CAN’T JUST CALL IT A TCPA VIOLATION: The Court Needs Proof, Not a Vague Complaint!

Greetings TCPAWorld! I’m back with another case update—this time, it’s all about relentless robocalls, a wrong number, and a lawsuit that didn’t go as planned! Few things are more annoying than a relentless robocall—except maybe realizing you’re being hounded for a debt that isn’t yours. Yikes! That’s where a recent New Jersey case caught myContinue reading "YOU CAN’T JUST CALL IT A TCPA VIOLATION: The Court Needs Proof, Not a Vague Complaint!"

TCPAWORLD AFTERDARK: no filters

This is us. Its Wednesday and I have billed 50 hours this week. And done 3 webinars. And filed a world-changing petition. I’m exhausted. But we keep going. I draw energy from these two. My partners. Queenie and Baroness. They’re perfection. The universe gives you what you need to complete your purpose. Never doubt that.Continue reading "TCPAWORLD AFTERDARK: no filters"

BANKING HEADACHES: Plaintiff Challenges Debt Collections Under TCPA ATDS Provisions

Hi Folks! We just saw an interesting complaint filed, where the plaintiff claims he revoked his consent to be contacted by a debt collector. Generally, debt-collection-related TCPA lawsuits are at an all-time low, especially in the Ninth Circuit. However, Plaintiff Aaron Maxwell brought a complaint against First National Bank of Omaha for three different claimsContinue reading "BANKING HEADACHES: Plaintiff Challenges Debt Collections Under TCPA ATDS Provisions"

EVERYDAYS SCORES HOMEFIELD ADVANTAGE: Texas Court Finds That It Does Not Have General Jurisdiction And Transfers TCPA Case To Delaware

Hi TCPAWorld! Lots of excitement from all the one-to-one action, but here’s a reminder of some litigation basics curtesy of Magistrate Judge Jeffrey L Cureton out of the Nothern District of Texas. In Kelly Bland v. Everdays, Inc., Judge Cureton handed defendants a procedural victory, recommending dismissal for lack of general personal jurisdiction and transferringContinue reading "EVERYDAYS SCORES HOMEFIELD ADVANTAGE: Texas Court Finds That It Does Not Have General Jurisdiction And Transfers TCPA Case To Delaware"

HERE IT IS!!! DESERVE TO WIN (EP. 30)– BREAKING DOWN THE BIGGEST DAY IN TCPAWORLD HISTORY

So last Friday was the biggest day in TCPAWorld history so far with the massive one-two punch of the FCC staying the new TCPA one-to-one rule literally just minutes before the Eleventh Circuit Court of Appeals vacated the ruling altogether.  All of this minutes before the close of business the business night before the ruleContinue reading "HERE IT IS!!! DESERVE TO WIN (EP. 30)– BREAKING DOWN THE BIGGEST DAY IN TCPAWORLD HISTORY"

TCPAWORLD AFTERDARK: all grown up

You know you’ve made it when Sweet James is chasing you. These billboard lawyers. Always looking for an angle. Bunch of firms-Troutman Pepper Lord Locke Hamilton Sanders, or whoever– included are apparently buying google search results on Troutman Amin‘s name. EVERYBODY wants to be associated with us. And in the case of Sweet James, apparently,Continue reading "TCPAWORLD AFTERDARK: all grown up"

ELEVENTH CIRCUIT OVERTURNS MAJOR FCC TCPA RULING: Here’s the Czar’s Definitive Take on the Ruling and What it Means to TCPAWorld

All right, major TCPA developments on Friday. The biggest news was the outcome of the Insurance Marketing Coalition’s (IMC) Hobbs Act petition to the Eleventh Circuit Court of Appeals challenging the Federal Communication Commission’s (FCC) new one-to-one express consent ruling under the Telephone Consumer Protection Act (TCPA). The one-to-one consent rule–which was scheduled to goContinue reading "ELEVENTH CIRCUIT OVERTURNS MAJOR FCC TCPA RULING: Here’s the Czar’s Definitive Take on the Ruling and What it Means to TCPAWorld"

[Audio] Introducing the Consumer Financial Services Year in Review Series: A Look at What’s to Come — The Consumer Finance Podcast

In this episode of The Consumer Finance Podcast, host Chris Willis and Michael Lacy, Consumer Financial Services Practice Group leader, introduce Troutman Pepper Locke's annual Year in Review and Look Ahead publication. The publication covers 17...

SUNDAY SUPREMACY: Everyone is Reading TCPAWorld Right Now– And the Week Ahead Will Be Even Bigger

I’m basically a video game character at this point. The hottest show on TV right now isn’t on TV.. its on TCPAWorld.com. Absolutely unbelievable spikes in traffic right now as all the drama surrounding the death of one-to-one and the resulting vacuum of uncertainty bring people to the ultimate source of TRUTH– the Czar! Nobody’sContinue reading "SUNDAY SUPREMACY: Everyone is Reading TCPAWorld Right Now– And the Week Ahead Will Be Even Bigger"

TIMBER: Did Lending Tree Just Admit to Violating Federal Law? Or is it Just Lying to its Partners Over Email? (And Why?)

Was going to wait until Monday for this but… blood needed. So here’s the thing. There are rules. Those who are exceptionally gifted at playing within them– even at the edges– make great lawyers. Those who break them, make great inmates. Lending Tree sent a remarkably stupid email tonight. One that seemingly admitted guilt toContinue reading "TIMBER: Did Lending Tree Just Admit to Violating Federal Law? Or is it Just Lying to its Partners Over Email? (And Why?)"

STAY GRANTED!!!!!!!!!: FCC Postpones One-to-One Effective Date for Up To One Year!!

Sometimes when you help save the world you just have to pose. For these reasons, we find that justice requires postponement of the effective date of the rule and we therefore postpone the effective date for the revised 47 CFR § 64.1200(f)(9) of the Commission’s rules by 12 months, to January 26, 2026, or until,Continue reading "STAY GRANTED!!!!!!!!!: FCC Postpones One-to-One Effective Date for Up To One Year!!"

TCPAWORLD AFTERDARK: remember this

Good day today. Or should have been. We all came together for a big win. Very positive. The power of cooperation and teamwork on display. And then this. Lending Tree takes credit for the big LeadGen wins today and states: None of the efforts above are affiliated with Eric Troutman or REACH. Troutman’s ill-advised andContinue reading "TCPAWORLD AFTERDARK: remember this"

TOO EARLY FOR TICKETS: Another Plaintiff Alleging TCPA Violation in Uncharted Territory

Hi folks! A couple weeks back, we saw a lawsuit filed in the Northern District of California alleging a TCPA violation due to the times telemarketing messages were sent. The claims had nothing to do with consent. Rather, that plaintiff alleged violations of the TCPA because the messages were sent before 8 a.m. The TCPAContinue reading "TOO EARLY FOR TICKETS: Another Plaintiff Alleging TCPA Violation in Uncharted Territory"

TCPAWORLD AFTERDARK: You Know Where We Are Tonight…

If we look tired its because we are. But we started something and we’re going to finish it. You know where we are tonight. Precisely where we’re supposed to be. D.C. I wonder why? Amazing how much we do for the industry. Totally free. Not one dollar spent by anyone for our services. We doContinue reading "TCPAWORLD AFTERDARK: You Know Where We Are Tonight…"

NCLC RESPONDS TO R.E.A.C.H. PETITION: Takes Extreme Position–Rock and Roll

So NCLC has scrambled to put together their opposition to R.E.A.C.H.’s emergency petition to stay the one-to-one rule. Their position– Trump can’t stay agency rulings without a separate notice and comment period. We’ll see about that. Appreciate the hard work they put in though. Opposition here: NCLC against Stay More soon.

TCPAWORLD AFTERDARK: winners win

First after dark post of 2025. Hear me, and remember this. There is only one rule for all mankind: Winners win. Losers lose. And that’s how it is. Troutman Amin, LLP keeps winning. The Czar keeps winning. R.E.A.C.H. keeps winning. Everyone else? Yeah. Really interesting stories out tomorrow. But for now– TCPAWorld.com is on absoluteContinue reading "TCPAWORLD AFTERDARK: winners win"

[Video] Navigating the Inflation Reduction Act: Insights on Brownfield Energy Community Credits - Energy Law Insights

Join Troutman Pepper Locke Partners Karlie Webb and Ben Cowan as they delve into the complexities of the Inflation Reduction Act, focusing on the Brownfield Energy Community credits. This discussion covers the statutory definitions, IRS safe...

UNWANTED TEXTS, UNWANTED TROUBLE: LG’s Labor Day Discounts Come with a Price

Greetings, TCPA World! Don’t change the channel. LG Electronics U.S.A. is central to a federal class action lawsuit over its 2024 Labor Day promotional campaign. See McGonigle v. LG Elecs. U.S.A., Inc., No. 1:25-cv-51 (E.D. Va. Jan. 11, 2025). Filed on January 11, 2025, in the U.S. District Court for the Eastern District of Virginia,Continue reading "UNWANTED TEXTS, UNWANTED TROUBLE: LG’s Labor Day Discounts Come with a Price"

Negligence per se - distracted driving

The legal doctrine of negligence per se simplifies proving fault in specific cases. Rooted in the idea of a breach of duty, it comes into play when a party breaks a regulation meant to safeguard people. Unlike traditional negligence, where the injured party must prove carelessness, negligence per se automatically establishes fault if a law was violated.

To better understand negligence per se, take the example of distracted driving—a modern problem on the roads. Attorney Vince Sowerby, a respected attorney specializing in personal injury cases, explains that this issue is often an example of this doctrine. “When drivers text, eat, or engage in distractions while driving, they frequently break safety rules intended to prevent harm. That violation itself can constitute negligence per se.

### How It Differs From General Negligence

Negligence per se eliminates the necessity for plaintiffs to establish that a reasonable person would act differently. In general negligence cases, establishing fault involves demonstrating these four elements:
1. **Duty of Care** – The defendant owed a duty to the plaintiff.
2. **Breach of Duty** – The defendant breached that duty.
3. **Causation** – The breach caused harm.
4. **Damages** – The plaintiff suffered losses.

With negligence per se, a statute defines the duty. If the defendant broke it, they have breached their duty. Sowerby notes, “The legal violation serves as proof.”

### Why Distracted Driving Fits the Doctrine

Distracted driving laws highlight this doctrine in action. Many states prohibit phone use or require hands-free devices. These statutes exist to protect drivers and pedestrians.

Suppose a motorist texts and rear-ends another vehicle. If texting while driving is illegal, the injured party can use this doctrine to prove the driver’s fault. This approach eliminates the need to debate recklessness because the law already defines the behavior as unsafe.

### Essential Elements

For negligence per se to be valid, certain criteria must be met:
1. **Statutory Violation** – The defendant violated a specific regulation.
2. **Protected Class** – The law must aim to safeguard the injured party.
3. **Harm Alignment** – The harm caused must be the specific injury the rule addresses.
4. **Causation** – The violation caused the harm.

Distracted driving laws easily satisfy these requirements. For example, texting bans exist to stop accidents. When a driver violates these laws, their negligence per se is clear.

### The Significance of Negligence Per Se

Negligence per se streamlines the legal process, especially in cases like distracted driving. For injured parties, it removes ambiguity, allowing them to address the harm suffered.

Attorney Vince Sowerby highlights the importance of understanding this legal tool. “Many people feel unsure about seeking justice because they fear the complexity. Negligence per se simplifies things, particularly when laws have been violated outright.”

### Conclusion

Negligence per se ensures accountability when laws meant to protect others are ignored. Distracted driving demonstrates its practical application. Vince Sowerby advises using this principle to pursue fair compensation, reinforcing the value of public safety.

Watch Video

FTC Finalizes Subscription Renewal Rulemaking

On October 16, 2024, the Federal Trade Commission (“FTC”) announced its final rules applicable to recurring subscription plans. According to the FTC, these rules were implemented to make it easier for consumers to stop paying for services they no...

CMS Marketing and Personal Beneficiary Information

With Medicare’s open enrollment commencing on October 15, 2024, now is a good time to discuss the Centers for Medicare & Medicaid Services’ (“CMS”) marketing rule changes for the 2025 contract year. In addition to complying with the Telephone...