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Did the Telephone Consumer Protection Act Just Get Even Worse for Small Businesses?

September 17, 2018

Though it may have started as a well-intentioned law from 1991, we now know how plaintiffs' lawyers and professional plaintiffs have twisted the Telephone Consumer Protection Act (TCPA) for financial gain

  1. In the News Today - September 18, 2018

    September 18, 2018 | News

    How Will the Canadian Legal System Handle Artificial Intelligence?... Read More

  2. Last Week's Statement Shows "New Vigilance" From DOJ

    September 18, 2018 | News

    The "Statement of Interest" filed last week by the U.S. Department of Justice signals a "new vigilance" in preventing fraud and abuse in the asbestos trust system, Bloomberg Big Law Business reports.... Read More

  3. Will New Data Privacy Laws Lead to a Litigation "Surge?"

    September 17, 2018 | News

    In a BNA op-ed, attorneys from Manatt, Phelps & Phillips say the "lawsuits are coming, rain or shine" from California's new data privacy law.... Read More

  4. Did the Telephone Consumer Protection Act Just Get Even Worse for Small Businesses?

    September 17, 2018 | Blogs

    Though it may have started as a well-intentioned law from 1991, we now know how plaintiffs' lawyers and professional plaintiffs have twisted the Telephone Consumer Protection Act (TCPA) for financial gain... Read More

  5. Department of Justice Guides the Way on Enforcement

    September 14, 2018 | Blogs

    In January, the Department of Justice (DOJ) issued a memo by then-Associate Attorney General Rachel Brand which prevents DOJ attorneys from turning agency guidelines into binding legal rules in enforcement actions. This was a welcome-and much needed-development for businesses, and a signal the DOJ is committed to promoting the rule of law. ... Read More

  6. In the News Today - September 14, 2018

    September 14, 2018 | News

    Texas Counties Demand Thousands to Cover Open Records Requests for Private Lawyer Arrangements... Read More

  7. DOJ Takes Action To Prevent Asbestos Trust Fraud

    September 14, 2018 | News

    In a court filing yesterday, the U.S. Department of Justice said the bankruptcy trust created to compensate asbestos-related claims against Kaiser Gypsum Inc. "lacks sufficient safeguards" to protect against fraudulent payouts, The Wall Street Journal reports.... Read More

  8. U.S. Chamber Welcomes DOJ Action to Prevent Asbestos Fraud

    September 13, 2018 | Press Release

    Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), made the following statement about the U.S. Department of Justice (DOJ) statement of interest in asbestos bankruptcy trust creation:... Read More

  9. In the News Today - September 13, 2018

    September 13, 2018 | News

    State-Backed Insurer to Hold Hearings on AOB Abuse; New York Federal Judge Tosses Lawsuit Lending Case... Read More

  10. Judge Cuts "Grossly Excessive" Attorneys' Fees

    September 13, 2018 | News

    A federal judge in Chicago cut an attorneys' fee request in a Telephone Consumer Protection Act settlement from 35 percent down to five percent because of the plaintiffs' attorney's behavior, the Cook County Record reports.... Read More

  11. House Diversity Bill Would Create Fair Treatment for All

    September 12, 2018 | Blogs

    The Judiciary Committee of the U.S. House of Representatives has the chance to close a loophole in our court system on a favored tactic of plaintiffs' lawyers: forum shopping. This allows plaintiffs' lawyers to "shop" their lawsuits around to different states in search of a friendly court that will award big settlements. Often, the lawsuits have no ties to the state where the case is eventually filed. ... Read More

  1. In the News Today - September 18, 2018

    September 18, 2018 | News

    How Will the Canadian Legal System Handle Artificial Intelligence?... Read More

  2. Last Week's Statement Shows "New Vigilance" From DOJ

    September 18, 2018 | News

    The "Statement of Interest" filed last week by the U.S. Department of Justice signals a "new vigilance" in preventing fraud and abuse in the asbestos trust system, Bloomberg Big Law Business reports.... Read More

  3. Will New Data Privacy Laws Lead to a Litigation "Surge?"

    September 17, 2018 | News

    In a BNA op-ed, attorneys from Manatt, Phelps & Phillips say the "lawsuits are coming, rain or shine" from California's new data privacy law.... Read More

  4. In the News Today - September 14, 2018

    September 14, 2018 | News

    Texas Counties Demand Thousands to Cover Open Records Requests for Private Lawyer Arrangements... Read More

  5. DOJ Takes Action To Prevent Asbestos Trust Fraud

    September 14, 2018 | News

    In a court filing yesterday, the U.S. Department of Justice said the bankruptcy trust created to compensate asbestos-related claims against Kaiser Gypsum Inc. "lacks sufficient safeguards" to protect against fraudulent payouts, The Wall Street Journal reports.... Read More

  6. In the News Today - September 13, 2018

    September 13, 2018 | News

    State-Backed Insurer to Hold Hearings on AOB Abuse; New York Federal Judge Tosses Lawsuit Lending Case... Read More

  7. Judge Cuts "Grossly Excessive" Attorneys' Fees

    September 13, 2018 | News

    A federal judge in Chicago cut an attorneys' fee request in a Telephone Consumer Protection Act settlement from 35 percent down to five percent because of the plaintiffs' attorney's behavior, the Cook County Record reports.... Read More

  8. In the News Today - September 12, 2018

    September 12, 2018 | News

    Agreement Falls Through, Four West Virginia Supreme Court Justices Headed for Impeachment Trials... Read More

  9. NYT: Federal Investigation Into Lawsuit Lender/Doctor Scheme is Intensifying

    September 12, 2018 | News

    Federal prosecutors have ramped up their investigation into a scheme organized by lawsuit lenders, lawyers, and doctors that may have "lured women into having pelvic mesh implants removed," The New York Times reports. ... Read More

  10. West Virginia Senate Introduces Agreement to Dismiss Impeachment Proceedings of Two State Supreme Court Justices

    September 11, 2018 | News

    An agreement has been introduced in the West Virginia Senate that would dismiss Chief Justice Margaret Workman and Justice Beth Walker from impeachment proceedings, the West Virginia Record reports.... Read More

  11. In the News Today - September 11, 2018

    September 11, 2018 | News

    Litigation Funder Files to Go Public; "Time To Turn Up The Heat On Lawsuit Abuse In Louisiana"... Read More

  1. TCPA Plaintiffs' Attorney Admits Class Action Lawsuits Have "Not Cured the Problem"

    May 22, 2018 | Blogs

    Three weeks ago, U.S. Chamber Institute for Legal Reform (ILR) President Lisa A. Rickard said the Telephone Consumer Protection Act (TCPA) has become a "goldmine for plaintiffs' attorneys." ... Read More

  2. California Assembly Passes Bill to Rein In Dangerous Trial Lawyer Advertising

    May 17, 2018 | Blogs

    This afternoon, the California State Assembly overwhelmingly passed A.B. 3217, a bill that would outlaw "materially misleading" drug and medical device lawsuit advertising.... Read More

  3. Coming Soon to the Golden State: Truth in Legal Advertising

    May 16, 2018 | Blogs

    Plaintiffs' lawyers spend hundreds of millions of dollars on lawsuit advertising. A lot of this money flows to ads for lawsuits targeting prescription drugs and medical devices. The imagery is all too familiar: the TV screen flashes red, an ambulance siren goes off, spray-tanned actors dressed like doctors pronounce exaggerated warnings in dire tones, and at the end a number shows up on screen and the viewer is encouraged to join a lawsuit.... Read More

  4. Plaintiffs' Lawyers Looking for Absurd Attorneys' Fees Had a Rough Week

    May 14, 2018 | Blogs

    If two's a coincidence and three's a trend, what would you call six headlines in one week?... Read More

  5. Landmark Bill Would Pull Back Curtain on Secretive Lawsuit Funding Deals

    May 10, 2018 | Blogs

    Today, U.S. Senate Judiciary Committee Chairman Chuck Grassley (R-IA), along with Senators John Cornyn (R-TX) and Thom Tillis (R-NC), introduced the Litigation Funding Transparency Act (LFTA), a landmark bill to help bring the multi-billion dollar litigation financing industry out of the shadows.... Read More

  6. ILR Asks Federal Communications Commission to Define Automated Telephone Dialing System

    May 03, 2018 | Blogs

    Today, the U.S. Chamber Institute for Legal Reform (ILR), the U.S. Chamber of Commerce and 16 coalition partners filed a petition with the Federal Communications Commission (FCC), asking it to clarify the definition of an automated telephone dialing system (ATDS). ... Read More

  7. Wisconsin Forward: State Enacts Groundbreaking Litigation Funding Transparency Law

    April 03, 2018 | Blogs

    Today, Wisconsin Gov. Scott Walker helped the state live up to its "Forward" motto, and made good on his encouragement to the legislature to "get it done" on legal reform in 2018 by signing AB 773 into law. ... Read More

  8. The EU Commission Should Follow Its Own Advice on Collective Redress

    April 02, 2018 | Blogs

    As mechanisms for collective redress – better known as class action in the U.S. – spread across Europe, the European Commission is preparing to propose important new EU-wide legislation on collective redress this month. A Commission report from January highlights the clear need for that legislation to include safeguards against litigation abuse.... Read More

  9. Kentucky Chalks Up Two Legal Reform Wins in March

    March 20, 2018 | Blogs

    The University of Kentucky Wildcats are making a strong showing in March Madness, and so is the state legislature. Over the past few weeks, Kentucky has passed two major milestones in legal reform: ensuring transparency in private attorney contracting (TIPAC), and protecting physician peer-review.... Read More

  10. U.S. Chamber Praises Senate Introduction of PROTECT Asbestos Victims Act

    March 16, 2018 | Blogs

    Harold Kim, executive vice president of the U.S. Chamber Institute for Legal Reform (ILR), made the following statement about the introduction of the PROTECT Asbestos Victims Act of 2018 (S. 2564) by Senator Thom Tillis.... Read More

  11. Wisconsin Legal Reform in Peril

    March 16, 2018 | Blogs

    When Governor Walker addressed Wisconsin legislators on January 30, he urged them to "get it done" on legal reform. He was referring to a comprehensive omnibus reform bill that promised to improve the Badger State's lawsuit climate. That was the bill he wanted to sign. But if the plaintiffs' bar gets its way, it won't even reach his desk. ... Read More

  1. U.S. Chamber Welcomes DOJ Action to Prevent Asbestos Fraud

    September 13, 2018 | Press Release

    Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), made the following statement about the U.S. Department of Justice (DOJ) statement of interest in asbestos bankruptcy trust creation:... Read More

  2. Survey: Only 13 Percent of Consumers Support European Commission's Current Collective Action Lawsuit Proposal

    July 11, 2018 | Press Release

    ... Read More

  3. Report: U.S. Supreme Court Ruling Can Help Businesses Defend Against Lawsuit 'Forum Shopping'

    June 04, 2018 | Press Release

    ... Read More

  4. Consumers Overwhelmingly Say Lawsuits Should Not "Regulate" New Technologies

    April 18, 2018 | Press Release

    SEATTLE, WA - During an event today the U.S. Chamber Institute for Legal Reform (ILR) will release a new survey finding that, contrary to the claims of many plaintiffs' lawyers, nearly 82 percent of consumers believe that filing lawsuits is not the best way to regulate emerging technologies, such as cars that operate without a human driver. ... Read More

  5. U.S. Chamber: Proposal Could Make EU a Major Global Hub for Abusive Litigation

    April 11, 2018 | Press Release

    Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), issued the following statement today about the European Commission's proposal to rescind and replace the EU's "Injunctions Directive." The proposal would create a new European Union-wide framework for collective redress (class action lawsuits): ... Read More

  6. U.S. Chamber: D.C. Circuit Ruling a Positive Step, But Congress Should Modernize the Telephone Consumer Protection Act

    March 16, 2018 | Press Release

    Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), issued the following statement today about the D.C. Circuit Court's ruling vacating portions of the Federal Communications Commission's (FCC) 2015 Telephone Consumer Protection Act (TCPA) declaratory order:... Read More

  7. Report: Asbestos Bankruptcy Trusts Running Short of Money to Pay Future Claimants, System Lacks Safeguards

    March 08, 2018 | Press Release

    WASHINGTON, D.C. -- A new report released today by the U.S. Chamber Institute for Legal Reform (ILR) highlights that asbestos bankruptcy trusts are being depleted, jeopardizing their ability to fully compensate future claimants.... Read More

  8. Lawsuit Claiming Consumer was "Deceived" About Sugar in Jelly Beans Named Most Ridiculous of 2017

    December 21, 2017 | Press Release

    Annual List of Top 10 Most Ridiculous Lawsuits Released Today... Read More

  9. Study: Rx Drug Lawsuit Ads Cause Spike in Reports of Patient Health Incidents, Deaths

    October 25, 2017 | Press Release

    WASHINGTON, D.C. -- A new report released today by the U.S. Chamber Institute for Legal Reform (ILR) shows that lawsuit ads targeting prescription drugs and medical devices have caused at least 61 serious medical events -- including six deaths -- an increase from previous reports.... Read More

  10. U.S. Chamber Announces 2017 Legal Reform Award Winners

    October 25, 2017 | Press Release

    WASHINGTON, D.C. -- The U.S. Chamber Institute for Legal Reform (ILR) today announced its 2017 Legal Reform Award winners at its 18th Annual Legal Reform Summit.... Read More

  11. U.S. Chamber Applauds Senate Vote to Undo CFPB's Arbitration Rule

    October 24, 2017 | Press Release

    WASHINGTON, D.C. -- U.S. Chamber President and CEO Thomas J. Donohue issued the following statement today following U.S. Senate passage of H.J. Res. 111, disapproving of the Consumer Financial Protection Bureau's (CFPB) arbitration rule...... Read More

  1. A 'Fair Deal' for Consumers? An Update on EU Consumer Attitudes Towards Collective Actions and Litigation Funding

    July 11, 2018 | Research

    As the European Commission's proposal on collective actions (known as class actions in the United States) makes its way through the European Union's legislative process, it is important to assess EU consumer opinion of the proposal and the safeguards included (and not included) in the legislation. This survey captured the views of 5,097 consumers across five EU Member States.... Read More

  2. Lighting the Way: FCA Reform and Compliance Program Credit

    June 27, 2018 | Research

    This paper contends that in order to encourage companies to create and sustain a culture of consistent compliance, particularly with regard to the federal False Claims Act, the U.S. Department of Justice should formalize a policy of offering credit for companies that implement effective compliance and ethics programs.... Read More

  3. BMS Battlegrounds: Practical Advice for Litigating Personal Jurisdiction After Bristol-Myers

    June 04, 2018 | Research

    The U.S. Supreme Court's decision last year in Bristol-Myers Squibb Co. v. Superior Court was a clear statement that the days of blatant, unchecked plaintiff forum shopping in search of outsized verdicts are at an end. ILR's research explores this paradigm shift and provides practical advice for defendants litigating BMS in the trenches.... Read More

  4. ILR Research Review - Spring 2018

    May 31, 2018 | Research

    The Spring 2018 ILR Research Review explores a wide range of long-standing and emerging issues in legislation, regulation, and litigation, including artificial intelligence and other emerging technologies, state qui tam False Claims Acts, West Virginia legal reforms, and asbestos bankruptcy trusts.... Read More

  5. Torts of the Future: Autonomous Vehicles

    May 17, 2018 | Research

    Among all emerging technologies examined in ILR's Torts of the Future research papers, autonomous vehicles (AVs) may be popping up in headlines more than any other. In order to respond to this trend in public policy and interest, and to provide a valuable tool for legislators, regulators, and businesses seeking to learn more about this topic, ILR has compiled insights from two years of research on emerging liability and regulation issues for autonomous vehicles.... Read More

  6. Torts of the Future II: Addressing the Liability and Regulatory Implications of Emerging Technologies

    April 18, 2018 | Research

    The second edition of ILR's Torts of the Future research examines evolutions in regulatory and liability trends for emerging technologies including artificial intelligence, virtual reality, wearable devices, and 3D printing. The research also presents a number of updated guiding principles to inform courts, legislators, and policymakers as they seek to address privacy and safety concerns without derailing or delaying innovation.... Read More

  7. Dubious Distribution: Asbestos Bankruptcy Trust Assets and Compensation

    March 08, 2018 | Research

    The asbestos bankruptcy trusts, created with the goal of sustainably processing and paying valid asbestos personal injury claims, are quickly being depleted. ILR's research finds that of the 35 asbestos trusts operating as of early 2008, 21 are paying an average of 40 percent less today than in 2008, putting future compensation for asbestos victims in doubt. The paper documents the causes of this rapid depletion, including the highly significant impact of attorney contingency fees.... Read More

  8. The Great Myths of State False Claims Acts

    February 28, 2018 | Research

    The 2018 update to "Great Myths of State False Claims Acts" shows that the whistleblowers' bar is continuing to capitalize on state qui tam False Claims Acts (FCAs), harvesting windfall awards from states and the federal government. The paper also points out that the dubious benefits of implementing a state FCA turn into a clear financial net negative when states allow their FCAs to fall out of compliance with federal standards.... Read More

  9. West Virginia's Climb: Lawsuit Climate Progress in the Mountain State and the Path Ahead

    January 10, 2018 | Research

    West Virginia has begun shedding its reputation for having one of the worst civil justice systems in the nation. The state's lawsuit climate ranked dead last or second to last in surveys of business executives and attorneys conducted eleven times over the past fifteen years--until 2017. This report explores the beginning of the state's encouraging transformation and highlights areas where it may continue this progress.... Read More

  10. ILR Research Review - Fall 2017

    November 30, 2017 | Research

    This special double-issue of the ILR Research Review features a wealth of insight and analysis on the world's rapidly changing litigation environment. The research contained in this issue targets exploitative litigation at home and abroad, examining numerous developments ranging from hyper-aggressive trial lawyer advertising in the U.S. to the imminent expansion of class actions in Europe.... Read More

  11. Unstable Foundation:
    Our Broken Class Action System and How to Fix It

    October 24, 2017 | Research

    Unstable Foundation examines the pervasive flaws afflicting the United States' class action system. Class actions rarely provide meaningful compensation for class members, and are poorly suited to deterring wrongful conduct.... Read More