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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. Chamber Says Product Liability Bill Restores Legal Fairness, Protects Small Business

    February 15, 2000 | Press Release

    WASHINGTON, D.C., Feb. 16, 2000 - Legislation passed by the House of Representatives today will reform product liability laws to protect small businesses from costly and frivolous lawsuits that could jeopardize their future, the United States Chamber of Commerce said.... Read More

  2. Chamber Advocates Expanding Health Care Coverage Instead of Expanding Liability

    February 09, 2000 | Press Release

    WASHINGTON, D.C., Feb. 10, 2000 - The United States Chamber of Commerce today warned Congress that American workers want and need expanded access to health care coverage and greater benefits, not expanded access to attorneys and courtrooms. "It's simple health care economics 101: lawsuits equal higher costs, which equals less coverage," said Bruce Josten, Chamber executive vice president. "Three out of four workers now receive health care coverage through their jobs, but new government mandates and expanded liability risks will make doing so increasingly cost prohibitive."... Read More

  3. Chamber Urges Review of Illinois Class Action Suit

    January 24, 2000 | Press Release

    WASHINGTON, D.C., Jan. 24, 2000 - The United States Chamber of Commerce warned that overly lenient state courts are becoming magnets for class action litigation, in an amicus brief filed today in the Supreme Court of Illinois on behalf of State Farm Mutual Automobile Insurance Company. State Farm was hit with a billion-dollar judgment after a state trial court certified a class action suit involving nearly five million plaintiffs in 48 states.<... Read More

  4. Chamber Calls Trial Lawyer Political Contributions a Wake-Up Call for Business

    January 24, 2000 | Press Release

    WASHINGTON, D.C., Jan. 24, 2000 - The United States Chamber Institute for Legal Reform says a new website, "Tracking the Trial Lawyers," tracks how trial lawyers are pouring massive contributions into political campaigns to prevent the election of pro-legal reform candidates.... Read More

  5. Chamber of Commerce Endorses House Action on Class Action Reform

    September 23, 1999 | Press Release

    WASHINGTON, D.C., Sept. 23, 1999 - The Interstate Class Action Jurisdiction Act (H.R. 1875) passed the House of Representatives 222 to 207 to the applause of small and large businesses across the country, according to the United States Chamber of Commerce.... Read More

  6. Class Action Reform Vital to Business Says United States Chamber of Commerce

    September 22, 1999 | Press Release

    WASHINGTON, D.C., Sept. 23, 1999 - The Interstate Class Action Jurisdiction Act currently before Congress is essential to address the frivolous lawsuits currently undermining both small and large businesses, according to the United States Chamber of Commerce. "This bill will stop abusive cases that trample the rights of defendants and do little more than line the pockets of unscrupulous trial lawyers," said U.S. Chamber of Commerce Executive Vice President Bruce Josten. "HR 1875 is bi-partisan lawmaking at its best."... 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