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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. 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

  2. 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

  3. 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

  4. Mission Drift at the American Law Institute

    August 28, 2018 | Blogs

    The American Law Institute (ALI) is drifting further away from its original mission of crafting clear Restatements of the Law for use by judges and legislators. ... Read More

  5. 20 Years of Tech: How ILR Has Led the Legal Conversation on Emerging Technologies

    August 21, 2018 | Blogs

    ILR continues to confront new issues by identifying trends and applying the latest strategies and tactics to advocate for key legal reforms. ... Read More

  6. A Big Win for Integrity: New York City Bar Association Rules Out Splitting Fees With Investors

    August 16, 2018 | Blogs

    One of the most influential bar associations in the country has voiced a full-throated condemnation of a core element of the litigation funding business model: promising a percentage of anticipated fees in exchange for cash.... Read More

  7. Why is a Securities Class Action Lawsuit In Massachusetts Causing a Stir in the Arkansas Legislature?

    August 06, 2018 | Blogs

    Boston and Little Rock are more than 1,200 miles apart, but a $300 million settlement in a securities class action lawsuit has developments in the former causing concerns in the latter. ... Read More

  8. From Theory to Practice: DOJ Asserts Its Rightful Authority

    August 01, 2018 | Blogs

    For more than 30 years, the Department of Justice (DOJ) has largely declined to take action against frivolous litigation under the False Claims Act (FCA)-but that's starting to change.... Read More

  9. 20 Years of ILR Accomplishments: Lending a Helping Hand to a Local Business

    July 23, 2018 | Blogs

    On May 3, 2005, the Chung family opened up their dry cleaning store in Washington, D.C. for what should have been a normal day of business. Thirteen years later, the District of Columbia Board on Professional Responsibility recommended one of the Chung's customers from that day be suspended from his profession.... Read More

  10. Finally: A Plaintiffs' Lawyer Who Stopped at Nothing Pays the Price

    July 20, 2018 | Blogs

    A New York appeals court has turned what could be the last page on a twisted tale of manipulation, bribery, back-room dealing and bombast that is sure to go down in legal history. Last week, the court suspended the law license of plaintiffs' bar crusader Steven Donziger until further notice.... Read More

  11. Lawsuit Lending Again Rears Its Ugly Head, This Time for Injured Football Players

    July 19, 2018 | Blogs

    Look no further than the National Football League (NFL) concussion settlement as an example, where lawyers, plaintiffs, and the court are engaged in a legal battle that has nothing to do with the settlement's purpose.... 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. Watching it Work: The Impact of Ohio's Asbestos Trust Transparency Law on Tort Litigation in the State

    May 04, 2017 | Research

    This report analyzes the impact that Ohio's 2013 asbestos trust transparency law has had on asbestos tort litigation in the state and concludes that trust transparency reforms appear to have accomplished the goal of ensuring transparency and fairness without causing delays in case resolution.... Read More

  2. Engineered Liability: The Plaintiffs' Bar's Campaign to Expand Data Privacy and Security Litigation

    April 19, 2017 | Research

    As data breaches are becoming more commonplace, the plaintiffs' bar is engineer a staggering expansion of liability in the areas of privacy and data security. Class action lawyers are pursuing data privacy cases and amassing fortunes even where no one has been harmed. This paper examines the data privacy and security legal landscape, plaintiffs' bar tactics, major cases and settlements, and a suggested framework for reform.... Read More

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

    March 29, 2017 | Research

    Torts of the Future examines the emerging technology sectors of autonomous vehicles, commercial drones, private space exploration, the "sharing economy," and the Internet of Things, and assesses the existing regulatory and litigation environments and future liability trends for each. The paper also draws from experience in each area to present guiding principles for addressing the liability and regulatory implications of emerging technologies.... Read More

  4. The Growth of Collective Redress in the EU: A Survey of Developments in 10 Member States

    March 21, 2017 | Research

    This paper examines the 'state of play' of collective redress in 10 Member States in the EU and suggests minimum necessary safeguards to prevent litigation abuse taking hold in Europe. ... Read More

  5. The Food Court: Trends in Food and Beverage Class Action Litigation

    February 24, 2017 | Research

    This paper examines the emerging litigation trends in the food and beverage industry and makes concrete recommendations for reforms, outlining the role that the courts, legislatures, and regulatory agencies all have in restoring common sense to food class action litigation.... Read More

  6. Covering the Contractors: The Current State of the Government Contractor Defense

    February 06, 2017 | Research

    This research examines the current state of the government contractor defense, the role of the federal government in litigation against contractors, and some of the questions that still need to be addressed by the courts.... Read More

  7. The ILR Research Review - Winter 2016

    December 28, 2016 | Research

    This edition of the ILR Research Review offers valuable insights from ILR's latest research on the increasing use of contingency fee counsel by local governments, asbestos "double dipping," trends in trial lawyer drug and device advertising, and the public's views on data privacy liability and legal reform issues.... Read More

  8. Disconnects & Double-Dipping: The Case for Asbestos Bankruptcy Trust Transparency in Virginia

    December 06, 2016 | Research

    This report highlights the disconnect between asbestos bankruptcy trust and asbestos personal injury lawsuit systems by examining Garlock and other cases that expose the widespread asbestos trust manipulation and specifically looks at trust claim activity in wrongful death cases in Newport News, Virginia.... Read More

  9. Big Bucks and Local Lawyers: The Increasing Use of Contingency Fee Lawyers by Local Governments

    October 26, 2016 | Research

    The increasing use of contingency fee counsel by local government entities is a disturbing trend that poses real risks to the fair and impartial administration of justice.... Read More

  10. The ILR Research Review - Fall 2016

    September 22, 2016 | Research

    This edition of the ILR Research Review offers valuable insights from ILR's latest research on over-criminalization and the challenges of business compliance, over-enforcement, third-party litigation funding in the UK, and asbestos trust claims.... Read More

  11. Enforcement Gone Amok: The Many Faces of Over-Enforcement in the United States

    May 26, 2016 | Research

    This paper documents compelling examples of over-enforcement abuses, and offers details of the wide-ranging and interrelated ways government enforcement actions impact American businesses.... Read More