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No Looking Back: TCPA Cases Continue to Pour In as Uncertainty Surrounding Supreme Court Review Looms

We’ve counted over 50 new federal TCPA filings this week–most of them class actions–even in the shadow of the Supreme Court’s grant of cert in the AARP case, which–if you believe my overeaction piece– is “certain” to lead to the statute’s downfall.

Notably I conducted a straw poll last week of all the biggest consumer-side TCPA lawyers. Though no one–except Billy Howard who loves to see his name in print even more than I do–wanted to be quoted, they all told me they planned to keep right on filing these cases until the Supreme Court actually does away with the statute.

In Billy’s case, he had a few additional remarks to share with TCPAWorld:

I enjoy holding the robo-calling industry accountable for disregarding the law. SCOTUS reviewing should help the plague of robocalls that invade the privacy of millions of Americans every day.  The only people that like robo-callers are the people that represent them.


Bottom line: it doesn’t look like the TCPA wave is going to abate anytime soon, but we are carefully watching for word on whether the Supremes will accept Facebook’s cert. petition. More to come on that (probably later today).

© Copyright 2020 Squire Patton Boggs (US) LLPNational Law Review, Volume X, Number 24


About this Author

Eric Troutman Class Action Attorney
Of Counsel

Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems.

Eric has built a national litigation practice based upon deep experience, rigorous...