July 2, 2022

Volume XII, Number 183

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July 01, 2022

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June 30, 2022

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TCPA QUICK HITTER: Callier Earns Big TCPA Win – Court Finds 64.1200(d) Promulgated Under 227(c)

Although I try to make TCPAWorld as assessable as possible, the truth is there are tremendous barriers to entry in this space.

There’s a reason why so few Plaintiff’s lawyers (or defense lawyers for that matter) can break into handling TCPA litigation. And there’s a reason why even an “experienced” non-lawyer like Callier can make a healthy living bringing TCPA cases and picking his spots.

For instance, when I say “court finds 47 CFR 64.1200(d) promulgated under 227(c)” TCPAWorld denizens know exactly the impact. Everyone else says “huh”?

Bottom line for the casual observer: big split of authority over whether the provisions of 1200(d)–pertaining to the content of a marketing call–may be privately enforced or not. Well in BRANDON CALLIER, Plaintiff, v. DEBT MEDIATORS, LLC, a Florida Limited Liability Company, a/k/a CM SOLUTIONS LLC, ANTHONY FRANCISCO, and ANDREA FRANCISCO, 2022 WL 1423622 (W.D. Tex. May 5, 2022) the court found that they can be.

The Court reasoned that notwithstanding the fact that certain portions of 1200(d) focus on the content of calls–which are generally found to have been promulgated under 227(d) of the TCPA, which lacks a private right of action–the majority of provisions within that section are concerned with a broader effort to protect subscriber privacy and, hence, were promulgated under 227(c).

The Callier decision is by no means the only court to have reached this conclusion but is the first court in Texas to make such a ruling. So Callier is making inroads.

We’ll keep an eye on this. And happy Monday!

© 2022 Troutman FirmNational Law Review, Volume XII, Number 137
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About this Author

Eric Troutman TCPA Lawyer Troutman Law Firm Orange County, CA
Founder

Eric J Troutman is known as 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. Eric also helps industry participants build TCPA-compliant processes, policies, and systems.

Eric's perspective allows him to...

949-350-3663
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