PrivacySpeak
Navigating the world of telemarketing, data privacy & AI
The Future Looks Bright: Eyebuydirect Wins TCPA Dismissal
If you've ever replied “STOP” to a marketing text, you probably expected the messages to end immediately. But what happens if a few more slip through? Is that a class action waiting to happen?
No Injury, No Problem? Supreme Court Sidesteps Critical Class Issue in LabCorp v. Davis
On June 5, 2025, the U.S. Supreme Court quietly walked away from one of the most anticipated class action cases of the year. In an 8–1 move, it dismissed Laboratory Corporation of America Holdings v. Davis, No. 22-55873, and declined to answer a deceptively simple, but incredibly important question: Can a class action for damages under Federal Rule of Civil Procedure 23 include people who weren’t actually injured?
A Shot of Clarity: What the Coffey Ruling Means for the Real Estate Industry
The housing market is buzzing, and agents are racing to get listings any way they can. But even with off-market deals and cash offers flying around, real estate pros need to be careful. A recent ruling out of Arizona shows that not every outreach effort runs afoul of the Telephone Consumer Protection Act (TCPA).
Say My Name: SelectQuote Scores Big Win—For Now
Companies are often sued not because they made the calls, but because someone else did. And when that “someone” is a third-party lead generator, plaintiffs need more than speculation to tie the defendant to the phone call. That was the key issue in Lightfoot v. SelectQuote, Inc., No. 1:24-cv-04673, 2025 U.S. Dist. LEXIS 103026 (N.D. Ill. May 30, 2025), where SelectQuote secured a win at the motion to dismiss stage by showing the call in question didn’t mention them at all.
Is TCPA Insurance Worth It? Here’s My Take
TCPA class actions are notoriously expensive to defend—even when the claims are weak. With statutory damages ranging from $500 to $1,500 per call or text and the potential for nationwide class exposure, litigation costs escalate quickly. Simply reaching or opposing class certification can cost tens, if not hundreds, of thousands of dollars. It’s no surprise that many businesses consider TCPA insurance as a safety net. But is it worth it? In my experience, not always—and here’s why.
Rule 68 Offers and Discovery Pitfalls: Lessons from Johnson v. Crowdvest
This week, a TCPA class action took us back to a procedural trend from a decade ago: the Rule 68 offer of judgment.
Same Rules, New Tech: AI Calls Must Comply with the TCPA
Sometimes, it’s important to have a legal reminder—much like reminding your kids to say “please” or “thank you” for the thousandth time. So, here’s your reminder: if you are using artificial intelligence (AI) to make calls or send texts, they are subject to the Telephone Consumer Protection Act (TCPA).
In Harmony: Early Win for Defendant as Court Grants Bifurcated Discovery in TCPA Class Action
Back in February, I wrote about a significant development in a TCPA class action our firm is defending: a federal judge granted our request for bifurcated discovery. In my view, nothing shifts the dynamics and leverage early in a putative TCPA class action more than a court granting bifurcation.
The Early Text Gets the Lawsuit: Craftie Fox Sued Under TCPA
In recent months, a growing trend has emerged: plaintiffs filing TCPA class actions that claim companies violated federal calling time restrictions by reaching out before 8:00 a.m. or after 9:00 p.m. local time, even when the person may have given consent.
Can Texting Parents for COPPA Consent Trigger TCPA Liability?
Let’s say your child wants to download Minecraft. He’s prompted to enter a parent’s phone number before proceeding, and he puts in yours. Moments later, your phone buzzes with a text asking for parental consent. While this seems like a responsible move under the COPPA, you pause. You never agreed to receive that text. Does this comply with the TCPA?
No Moving On: Ninth Circuit Says Realtor.com Can’t Enforce Arbitration in TCPA Case
Yesterday, the Ninth Circuit Court of Appeals affirmed a district court ruling and held that Move, Inc. (better known as Realtor.com) can’t compel a consumer into arbitration over a lawsuit claiming violations of the TCPA.
Breaking News: FCC Delays Part of the Consent Revocation Rule Until 2026
This morning, the Federal Communications Commission (FCC) announced it is delaying part of its consent revocation rule, specifically Section 64.1200(a)(10), until April 11, 2026.
The Reassigned Number Database: A Safe Harbor or a Costly Trap?
Imagine this: your company calls a long-time customer, only to find out their phone number was reassigned. Now you’re facing a TCPA class action with potential damages in the millions. You had no idea the number changed hands, but it doesn’t matter.
Easy Peasy: Vicarious Liability Claims Survive Motion to Dismiss in TCPA Suit
Dismissing a TCPA lawsuit early is no small feat. The recent case of Jubb v. CHW Grp., Inc., 2025 U.S. Dist. LEXIS 59172 (D.N.J. Mar. 28, 2025), highlights how easily plaintiffs can plead both direct and vicarious liability, keeping businesses entangled in litigation.
Michigan Ruling Opens Door to Lawsuits Over Caller ID Violations
In a case that could have nationwide implications, the Eastern District of Michigan has ruled that individuals can sue for caller ID violations under the Telephone Consumer Protection Act.
Definitely, Maybe: Will the FCC Cut Red Tape or Just Talk About It?
In a move that surprises few, the FCC is looking to scale back its regulatory oversight. Last week, it issued a public notice requesting comments on rules that “have outlived their usefulness, for which there is no longer any (or only substantially diminished) need, or which otherwise give rise to harms….” It’s not hard to see where this is headed.
Does “Do-Not-Call” Mean Do It Now? Plaintiffs Argue for Faster Opt Outs
Under the TCPA, businesses must honor internal “do-not-call” requests within a reasonable time, but no later than 30 days. But some plaintiffs now argue that companies should act even faster.
Say Goodbye to the 30-Day Window: TCPA Now Requires 10-Day Opt-Out Compliance
If you work in marketing, customer service, or any field involving consumer communications, get ready—significant changes are coming to the TCPA.
Starting April 11, 2025, new FCC rules will introduce stricter guidelines for revoking consent, and you don’t want to be caught off guard.
Bifurcated Discovery Is Alive and Well
I’ll keep this brief: If you're a defendant in a TCPA class action and the judge requires a joint proposed scheduling order, your counsel should always request bifurcated (or phased) discovery.
Don’t Overlook the TCPA Safe Harbor Defense for “Do-Not-Call” Claims
After the Supreme Court narrowed the definition of an “automatic telephone dialing system” (ATDS) in the 2021 Facebook v. Duguid case, plaintiffs’ attorneys have shifted their approach. They now focus on certifying classes of individuals who claim to have received marketing calls or texts while their numbers were listed on the federal "do-not-call" registry under 47 U.S.C. § 227(c).
The content of PrivacySpeak is not legal advice and should not be used as a substitute for consulting with a qualified attorney. Information provided may not apply to all jurisdictions and may be subject to change. © 2025 Bubeck Law LLC