October 25, 2020

Volume X, Number 299

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October 23, 2020

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Pretty Sleepy: TCPA Filings Way Down so Far in August, 2020– Dog Days of Summer or Facebook Effect?

For years we have watched at the TCPA litigation machine has generated thousands of cases–and innumerable TCPA millionaires. From 2011 to 2016 the number of new filings absolutely skyrocketed.

2017 through 2019 saw marked drops in TCPA filings in federal court–but that is a bit deceptive as the percentage of TCPA class actions continued to climb and huge numbers of TCPA cases were submitted to arbitration.

(As always thanks to our friends at WebRecon for the data.)

But now, finally, in August of 2020 we might be seeing the beginning of an ACTUAL decrease in over all filings. Through three quarters of this month there have only been a total of 90 TCPA filings.

Total. That’s it.

By comparison there were 246 TCPA filings in August, 2019 and 650 filings in April, 2020 alone.

Seems pretty clear that the Supreme Court’s acceptance of the big Facebook cert petition is weighing on the scale and keeping filings compressed.  

That’s good news in the short term, but in the long term the TCPA’s four year statute of limitations promises a massive spike in litigation will follow the Supreme Court’s latest (big) TCPA ruling–if the Court goes the wrong way. 

Bottom line: do not let this lull in litigation lead to a feeling of confidence. TCPA compliance needs to remain a priority.

For now though, rest easy TCPAWorld and enjoy the relative silence. Unless you’re ViSalus.

© Copyright 2020 Squire Patton Boggs (US) LLPNational Law Review, Volume X, Number 234
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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...

213-689-6510
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