PrivacySpeak
Navigating the world of telemarketing, data privacy & AI
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.
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.
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.
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.
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.
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.
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).
Contracts 101: Why You Should Be Careful with Indemnification Clauses in the Age of TCPA Class Actions
As TCPA class actions continue to be filed at a steady pace, there’s been a noticeable uptick in cases where defendants are suing their third-party marketing partners or sub-vendors over indemnification issues. This is a good reminder that you need to pay close attention to the indemnification language in every contract. A small mistake could lead to huge liabilities, especially if your contract includes overly broad language like “any and all claims.”
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