Court Holds Serial TCPA Plaintiff — and His Lawyer — on the Hook for the Full Cost of Defending a Fraudulent Lawsuit
October 9, 2026
For years, ecommerce brands have watched a cottage industry of serial TCPA plaintiffs turn marketing compliance into a settlement business. A new order out of the Eastern District of Missouri shows what can happen when a defendant refuses to pay up — and when a court is willing to look past the complaint to the conduct behind it. On Sept 30th, Judge Schelp ordered that Fisher Investments is entitled to recover all of the reasonable attorney’s fees it spent defending against a TCPA lawsuit the court found was brought “in complete bad faith.” Just as notable: the plaintiff’s attorney and his law firm are jointly and severally liable for the entire award.…
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Fourteen Cases, One Ruling: Oregon Federal Court Slams the Class-Certification Door in Wilson v. Freeway Insurance
August 24, 2026
For nearly two years, EIA members have watched a familiar name appear atop TCPA class action complaints: Chet Michael Wilson. Last week, the fight over whether Mr. Wilson may ever serve as a class representative reached a dramatic inflection point. On August 19th, Judge Michael J. McShane granted Freeway Insurance's motion to deny class certification, denied Mr. Wilson's attempt to voluntarily dismiss his own case, and entered evidence-preservation orders reaching both the plaintiff and a non-party law firm — with a written opinion to follow. …
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65 TCPA Lawsuits, One Destroyed Computer, and a Federal Judge Who Had Enough
April 13, 2026
A Missouri federal court's devastating 26-page sanctions order in Human v. Fisher Investments offers a rare, detailed look at the predatory litigation model that has become a growing threat to legitimate businesses — including ecommerce merchants. Last week, Judge Matthew T. Schelp of the U.S. District Court for the Eastern District of Missouri issued one of the most striking TCPA sanctions orders in recent memory…
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Beyond the Fifth Circuit: New Ruling Deepens the Legal Divide on TCPA Written Consent Requirement
March 26, 2026
A Maryland federal ruling reinforces growing uncertainty around “written consent” requirements under the TCPA. Just days after the U.S. Court of Appeals for the Fifth Circuit raised questions about whether prior express consent under the Telephone Consumer Protection Act (TCPA) must be in writing, another court has reached a similar conclusion—this time in a different jurisdiction. In Bradley v. DentalPlans.com, a federal judge in Maryland held that the TCPA does not explicitly require written consent for certain telemarketing communications. …
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Appeals Court Rules Arbitration Applies to TCPA Marketing Texts — Even Years After a Customer Contract Ends
March 12, 2026
On March 5th, the U.S. Court of Appeals for the Eighth Circuit ruled in Kristi VonDeylen v. Aptive Environmental, LLC that claims brought under the Telephone Consumer Protection Act (TCPA) must be resolved through arbitration when they relate to a contractual relationship between a consumer and a business — even if the messages at issue were sent years after the original services ended.…
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Fifth Circuit TCPA Decision Raises Questions About Written Consent — But Businesses Should Proceed Carefully
March 5, 2026
A recent decision from the U.S. Court of Appeals for the Fifth Circuit has sparked discussion in the marketing and compliance community. In Bradford v. Sovereign Pest Control, LLC, the court addressed whether the Telephone Consumer Protection Act (TCPA) itself requires “prior express written consent” for certain telemarketing calls and texts. The Fifth Circuit concluded that the statute requires “prior express consent,” but does NOT explicitly require that the consent be in writing. …
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