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Articles by Jenniffer Cabrera
Comment Deadline Approaching for Federal Communications Commissio
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FCC Sets Objection Deadline for TCPA Reconsideration Petitions
The FCC has set a deadline of January 12, 2026 for objections to its dismissal of a series of older TCPA-related Petitions for Reconsideration and Applications for Review as identified in its Ninth Further Notice of Proposed Rulemaking; Seventh Further Notice of Proposed Rulemaking; Further Notice of Proposed Rulemaking; and Public Notice (Public Notice) in CG Docket No. 17-59, WC Docket No. 17-97, CG Docket Nos. 02-278 and 25-307; FCC 25-76, released on October 29, 2025.
Still Faxing in 2025? Court Says Unsolicited Healthcare Fax May Violate the TCPA
Let’s talk about fax machines for a second. Yes, fax machines. In 2025. Apparently, they’re still alive and beeping—especially in the healthcare industry. By way of background, Plaintiff operates a medical practice and still uses a fax machine “to send or receive confidential, urgent and transactional communications.” Defendant, a wholly owned subsidiary of the Cigna Group, partners with third parties to address various challenges in the pharmacy benefits space and beyond.
Still Faxing in 2025? Court Says Unsolicited Healthcare Fax May Violate the TCPA
Let’s talk about fax machines for a second. Yes, fax machines. In 2025. Apparently, they’re still alive and beeping—especially in the healthcare industry. By way of background, Plaintiff operates a medical practice and still uses a fax machine “to send or receive confidential, urgent and transactional communications.” Defendant, a wholly owned subsidiary of the Cigna Group, partners with third parties to address various challenges in the pharmacy benefits space and beyond.
STIR(red) and SHAKEN: How McLaughlin is Changing TCPA and TRACED Act Enforcement
Well, well, well—McLaughlin Chiropractic v. McKesson has truly stirred up the legal landscape—or better yet, shaken an imbalanced tower of FCC interpretations and court splits surrounding one of the most litigated federal statutes: our beloved TCPA. And TCPAWorld is no stranger to this ever-shifting landscape—or the tangled web of regulations that define both compliance and the defense of what has become a cash cow of litigation. In McLaughlin Chiropractic v.
Quiet Hours Violation: Dick’s Sporting Goods Allegedly Caught Off Guard Over After-Hours Texts
Hey TCPAWorld, Its heating up in South Florida and I am not talking about our sunny weather.
FTC Settles with Cleo AI Over Deceptive Cash Advance Claims
Sometimes, deals are too good to be true. That was the case for Cleo AI, an online cash advance company that promised consumers fast, up-front cash payments. According to the Federal Trade Commission (FTC), Cleo AI offered consumers a mobile personal finance application that “promises consumers instant or same-day cash advances of hundreds of dollars.” When a consumer requests a cash advance, Cleo AI offers two subscription models, Cleo Plus and Cleo Builder.
DEFENSE WIN: Court Dismisses TCPA Class Action – Recruitment Calls Are Not “Telephone Solicitations”
Hey TCPAWorld! TCPA litigation is on the rise, with plaintiffs’ attorneys often trying to target companies that aren’t actually engaged in telemarketing. But not this time, the Court got it right and Defendant walked away with a Win (for now at least).
Sleeping Defendant: Plaintiff Secures Win for Class Certification and Damages Discovery
Hey TCPAWorld! Bringing you a quick (painful and avoidable) ruling out of the Middle District of Florida in Ownby v. United 1st Lending, LLC., 2025 WL 81344 (M.D. Fla, Jan. 13, 2025). By way of background, Plaintiff filed this action against United 1st Lending back in September 2024, alleging violations of the Telephone Consumer Protection Act (TCPA) and the Florida Telephone Solicitation Act (FTSA). And what did United First Lending do in response? Nothing. So, Plaintiff secured a clerk’s default.
Telecom Alert: FY 2024 Regulatory Fees; Section 706 NOI; Illegal Calls and Texts Proposal; CBRS NPRM; 17 GHz Proposal [Volume XXI, Issue 37]
The FCC adopted its fiscal year 2024 regulatory fee schedule to assess and collect $390,192,000 in congressionally required regulatory fees. The Report and Order reminds regulatory fee payors that if they are filing requests for waiver, reduction, deferral, and/or installment payment of regulatory fees they must provide all financial documentation to support the request at the time of filing.
Weekly Bankruptcy Alert September 9, 2024 (For the week ending September 8, 2024)
Skip to main content September 09, 2024 Volume XIV, Number 253 Legal Analysis. Expertly Written. Quickly Found.
GAME ON: NFL Tackles Privacy Laws in Court and WINS!
Happy Monday TCPAWorld!! With football season in full swing, we bring you a legal case that’s sure to catch your attention: Brandon Hughes vs. the National Football League (NFL), filed in the Southern District of New York. This case has all the drama of a Sunday night football game. So, let’s huddle up and break it down! Plaintiff is suing the NFL under the Video Privacy Protection Act (VPPA) claiming that his personal viewing information was shared without his consent.
God Is Dope, LLC Faces TCPA Lawsuit: A Case Where Faith Doesn’t Grant Immunity
Hey TCPAWorld! Countess here, bringing you an interesting case that I could not let pass… In a recent filing in the Southern District of Texas, Houston Division, Plaintiff Cosby Siringi filed a class action against Defendant, God Is Dope, LLC, accusing the company of violating the Telephone Consumer Protection Act (TCPA). Siringi claims that the divine inspiration behind the company’s name hasn’t quite extended to their text message marketing practices.
Weekly Bankruptcy Alert May 28, 2024 (For the week ending May 26, 2024)
Skip to main content May 28, 2024 Volume XIV, Number 149 Legal Analysis. Expertly Written. Quickly Found.
FTSA Class Action Moves Forward: Court Confirms Rule 23 Does Not Modify Substantive Rights
Sharing a recent decision from the Middle District of Florida focusing on procedural rules, specifically Fed. R. Civ. P. 23, which governs class actions, and the FTSA. Janet Morris v. Lincare, Inc., No., 8:22-CV-2048-CEH-AAS, 2024 WL 2702101 (MDFL). By way of background, Plaintiff Morris initiated this class action for violations of the TCPA and FTSA. Defendant Lincare, Inc.
BRIDGING BORDERS: FCC and UK Unite to Combat Robocalls and Robotexts, Safeguarding Consumer Privacy
The FCC is staying busy and not just in the U.S. Buckle up your seat belt, we are traveling overseas today! In a first of its kind, FCC Chairwoman Rosenworcel and UK Information Commissioner John Edwards signed a Memorandum of Understanding announcing a formal partnership to cooperate on enforcement matters related to unlawful robocalls and robotexts as well as efforts to protect consumers’ privacy and sensitive data.
SMALL BUSINESSES ANSWERED: FCC’s One to One Consent Will Not Only Harm Small Businesses But Consumers Too.
Not long ago, we shared some insight on how to save your small business as a result of the FCC’s 1 to 1 consent Order which COMPLETELY changed lead generation as we know it and effective January 27, 2025 requires express consent to be made directly between the consumer and the seller. Hope was not lost though because the FCC sought additional comment to conduct further economic analysis on the impact of this proposal on small businesses.
Deadline Set: Comment Date for Small Businesses to Weigh in on FCC’s One-to-One Consent Rule is Set and Here is Everything You Need to Know
Skip to main content January 29, 2024 Volume XIV, Number 29 Legal Analysis. Expertly Written. Quickly Found. Trending News Deadline Set: Comment Date for Small Businesses to Weigh in on FCC’s One-to-One Consent Rule is Set and Here is Everything You Need to Know Print Mail Download i Some GREAT NEWS to share if you are trying to figure out how to save your small business as a result of the FCC’s 1 to 1 consent Order. First, what is the 1 to 1 consent Order?
Fax Class Still Denied: COA Affirms Denial of Class Certification Finding Online Fax Services Not Covered under the TCPA
Happy Friday TCPAWorld! Sharing with you an interesting case about Faxes! In this case, the Court explains what is considered a fax for the purposes of the TCPA and more importantly, what is not! Because deciding whether a class recipient received a “fax” would lead to an individualized inquiry, the Court denied class certification but awarded Plaintiff summary judgment on its individual TCPA claim.
Massive Discovery Ordered: Court Finds Data of 11,000 Additional Calls Relevant and This is Why Burden Matters!
Happy Monday! Just the other day, opposing counsel snickered at our voluminous discovery objections. đ And then, there are Defendants who just donât object properly and so, this happens. The Colorado District Court issued Defendants a painful and probably burdensome loss â but they never said that â by granting a massive discovery order.
Weekly Bankruptcy Alert - November 27, 2023 (For the week ending November 26, 2023)
Skip to main content November 27, 2023 Volume XIII, Number 331 Legal Analysis. Expertly Written. Quickly Found. Trending News Weekly Bankruptcy Alert - November 27, 2023 (For the week ending November 26, 2023) Print Mail Download i Covering reported business bankruptcy filings in Massachusetts, Maine, New Hampshire, and Rhode Island, and Chapter 11 bankruptcy filings in New York and Delaware listing assets of more than $1 million.
Home Depot TCPA Compliance Lawsuit
Sharing a quick new filing in the United States District Court for the Northern District of Georgia. So, Home Depot may be missing some tools in its toolbox. This plaintiff certainly thinks so. According to the Complaint, Plaintiff did not consent to receive telemarketing messages from Home Depot.
TCPA Discovery Win Plaintiff Responses
Happy Monday! Let’s chat about Defendant’s Motion to Compel Better Responses to its First Set of Interrogatories in Brian Wilkins v. RCI, LLC., 2023 WL 6450346 (M.D.F.L. Oct. 3, 2023). This case stems from Plaintiff’s allegations of Defendant’s violation of several portions of the TCPA. Defendant moved to compel better responses to six interrogatories. Generally, Plaintiff answered each Interrogatory by referencing exhibits to his Second Amended Complaint, providing some facts and argument.
ONE IS ENOUGH FOR STANDING: MDFL Court Finds One Pre-recorded Automated Message Is Sufficient for Article III Standing After Drazen
Thursday, September 7, 2023 Back in July, we shared that all Circuits were now aligned on Article III standing after the 11th Circuit issued their en banc decision in Drazen. Well now, the Middle District of Florida relying on Drazen denied a Defendant’s Motion to Dismiss for lack of standing and granted Plaintiff’s Motion to file a Second Amended Complaint in Culbertson v. Pro Custom Solar LLC, 2023 WL 5749228 (22-CV-2252).
USDC MDFL ISSUES A DEFENSE LOSS: Motion to Dismiss and Stay Denied pending 11th Circuit en banc hearing on Drazen
Happy Monday TCPAWorld! New week, new decision out of the sunshine state with a not-so-new plaintiff in Robin Taylor v. Leadpoint, Inc., 2023 WL 4545166 (M.D. FL) July 14, 2023. Plaintiff brought a putative class action alleging five separate calls – four which were rejected and one call that Plaintiff answered – in violation of the TCPA under 47 U.S.C. § 227(c).
Florida Digital Bill of Rights: Florida Adds Data and Privacy Security Act
Florida has joined the ranks of the states adding a groundbreaking Data Privacy and Security Law, effective July 1, 2024.
FTSA STILL ALIVE? Violations of the FTSA Caller ID Rules May Be On The Horizon
As TCPAWorld dwellers know, the recent amendments basically killed the Florida Telephone Solicitation Act. But it appears that a new set of claims may be on the horizon to keep the FTSA alive! A plaintiff is attempting to bring a new claim under the FTSA alleging that the Defendant violated the FTSA’s Caller ID Rules. The complaint in Garcia v. Strike Gear LLC d/b/a Torch Eyewear was filed in the Ninth Judicial Circuit in and for Orange County, Florida.
Another FCC Nomination: President Biden Nominates Veteran Telecom Lawyer Anna Gomez
Happy Monday or Tuesay TCPAWorld! Well, some breaking and interesting news straight from the White House. President Joe Biden nominated Anna Gomez, a veteran government telecom lawyer, to serve as the third Democrat at the Federal Communications Commission. Gomez currently works at the State Department, where she serves as a senior advisor for international information and communications policy in the bureau of cyberspace and digital policy.
NO MORE CHANCES: BARTON’S MOTION FOR RECONSIDERATION DENIED, COURT FINDS HE ALREADY WITHDREW THE AMENDED COMPLAINT
Happy Tuesday TCPAWorld! Found an interesting decision against the one and only Nathen W. Barton and just had to share it. Barton v. AllState Insurance Company, 2023 WL 3586177 (W.D. Wash. Apr. 28, 2023). Nathen Barton filed against Allstate Insurance Co., Discount Insurance Quotes and John Does 1-10 alleging violations of the Telephone Consumer Protection Act (TCPA) and the parallel Washington statute.
DEADLINE APPROACHING!! FCC NPRM Comments Due in less than a month!
No not the Tax Day deadline, the NPRM Comment Deadline! Happy Monday TCPAWorld! May is gearing up to be a busy month so dropping in to remind folks that the NPRM Comment deadline is May 8! As the Czar says “This is not a drill. Fight to save your industry folks.” WHAT IS GOING ON? Really important issues here! Whether to require terminating mobile wireless providers to block text messages when notified by the Commission that they are likely scams? Text message authentication?
DEFENSE WINS FOUR CRITICAL ARGUMENTS IN MOTION TO DISMISS: Court Refuses to Do Plaintiffs’ Work for Them and Make Inferential Leaps to Fill in Plaintiff’s Complaint
Hey TCPA World!! Some interesting arguments out of the Western District of Washington in Rogers, et al. v. Assurance IQ, LLC & Boomsourcing, LLC, No. 2:21-CV-00823-TL, 2023 WL 2646468 (W.D. Wash. Mar. 27, 2023).
DEFENSE WIN: Court Grants Motion to Dismiss due to Plaintiffs’ Failure to Plead Vicarious Liability
Hey TCPA World! March Madness has been, well, madddd! and the World Baseball Classic was an amazing exhibition of persistence and skills! Speaking of skills, let’s discuss an interesting case about vicarious liability which led to a Defense Win! In Trevor Barnes, et al. v. SunPower Corporation, No. 22-CV-04299-TLT, 2023 WL 2593271 (N.D. Cal. Mar. 16, 2023), the Court granted Defendant’s Motion to Dismiss. We have two plaintiffs: Barnes and Brown.
SUPERBOWL CIPA SUNDAY: Does Samsung’s Website Chat Feature Violate CIPA?
Monday, February 13, 2023 Happy CIPA and Super Bowl Sunday TCPA World! So, Samsung is under the spotlight with a new CIPA case brought by a self-proclaimed “tester.” You know like Rosa Parks?? Back to that in a bit. The California Invasion of Privacy Act (“CIPA”) prohibits both wiretapping and eavesdropping of electronic communications without the consent of all parties to the communication. The Plaintiff’s bar is zoning in to CIPA with the Javier ruling.
ARE YOU AFFECTED BY THE PROPOSED CMS GUIDELINES? If You Purchase Leads, Sell Leads Or Are Involved In Marketing, Then YES!
Tuesday, January 31, 2023 Hey TCPA World, I wanted to provide some additional insight to the CMS Proposed Rules published in late December 2022. We want to make sure that you understand the implications of these proposed rules. Comments Are Due In 14 Days! (see information below) Are you a lead generator? Are you a lead aggregator? Are you a lead seller? Are you an insurance sales agent? Do you use Business Reply Cards or Scope of Appointment for lead generation?
PLAINTIFF WINS TRANSFER OF TCPA AND FTSA CLASS ACTION TO MDFL: USDC EDPA found Venue, Private and Public Interests Weighed in Favor of Transfer Despite Defendant’s Objection
Tuesday, January 24, 2023 Greetings TCPA World from sunny South Florida!! Countess, here, with a case out of my home court: United States District Court for the Eastern District of Pennsylvania transferring a TCPA and FTSA Class Action down south. In Simpson v.
EVEN THE PASTOR VIOLATED THE TCPA: USDC EDPA Finds Actual Authority and Personal Jurisdiction because GA Defendant Received a Donation for the Pastor, from a PA Plaintiff
Happy Monday TCPA World! Its Martin Luther King Day! As we honor the late Dr. King, I wanted to share one of his famous quotes: “For when people get caught up with that which is right and they are willing to sacrifice for it, there is no stopping point short of victory.” -“I’ve Been to the Mountaintop” speech, April 3, 1968. So, I bring you a new TCPA decision out of my home Court, USDC EDPA. The case is Marrero v. MJ Ministries Spreading the Gospel, Inc.
DEFENSE WIN TO STRIKE CLASS: Class Allegations Facially and Inherently Deficient Due to Unique EBR Defense
Wednesday, January 11, 2023 Happy Wednesday TCPA World!! Our founders, Eric and Puja, are at Lead Generation World speaking TCPA, REACH and Compliance with our Dame, who is also celebrating her birthday this week. If you are there, please be sure to say Hello! There’s a new defense win that I wanted to share and the Court was not persuaded or impressed by Plaintiff. The case is Sorsby v.
Yankee Candle’s Snow Globe Wonderland may melt by a FTSA Action Removed to USDC MDFL
Thursday, January 5, 2023 Happy New Year TCPA World! Looking forward to 2023! Now that the holidays have passed, I have a new case to share with you but first, doesn’t Snow Globe Wonderland and Snowflake Kisses sound like a peaceful getaway looking out of a cabin window sitting by the fireplace enjoying the beauty of nature? No, just me. Well, I think it sounds beautiful unless you are driving in morning rush hour trying to get to work or if you are Yankee Candle?
CMS IS BACK WITH MORE PROPOSED RULES!: Significant “Marketing” Changes Restricting TPMOs from Selling Beneficiary Data, New Disclaimers and Consent Limited to 6 Months!
Thursday, December 29, 2022 To keep in the spirit of giving during this time of the year, CMS shared their new proposed guidelines. Aww, thanks! A few changes set out in only 957 pages. If you are familiar withthis year’s preparation for AEP, then you already know the difficulty of navigating CMS guidelines. If not, buckle up, this will be a bumpy ride! The proposed changes are significant for Marketing and Third-Party Marketing Organizations (TPMO).
HUGE TCPA TRIPLE WIN for Defendant!!! FL Judge Grants Defendant’s Motion to Dismiss and Throws Out TCPA/FTSA Case for Lack of Article III Standing
Thursday, December 29, 2022 Well, this case is a great read. Three defense wins in one Order. Way to end the year! Dare I say, Judge Aileen M. Cannon of the Southern District of Florida (West Palm Beach Division) got it right here! She granted Defendant’s Motion to Dismiss holding that Plaintiff lacked Article III standing.
AND ANOTHER ONE! TCPA CLASS DISCOVERY LIMITED: Third Party Subpoena Restricted to National and Internal DNC Complaints ONLY!
Wednesday, December 14, 2022 Happy hump day TCPA World!! Bringing you a case out of the Western District of Washington limiting discovery again! So, let’s dig in… In Devivo, the Court ruled on Defendant’s Motion for a Protective Order and to Quash Third Party Subpoena. Devivo v. Sovereign Lending Group, Inc., No. C22-5254RSM, 2022 WL 17547270 (W.D. Wash. Dec. 9.
Damages in Pre-Certification Discovery are Premature, Discovery Limited to Numerosity and Ascertainability
Tuesday, December 13, 2022 Happy Tuesday TCPA World!! An interesting case here … In Andrew Martin v. Khaylie Hazel Yearning LLC, No. 3:22-CV-176-SA-JMV, 2022 WL 17573424, at *1 (N.D. Miss. Dec. 9, 2022), plaintiff originally sought the identity of the members of the classes and to determine the amount of damages the identified members are entitled to recover. (i.e., putting the cart before the horse?) By way of background, Plaintiff filed his complaint seeking to certify two nationwide classes.
DISCOVERY CHASE COMES TO AN END: A FL Court Orders Defendant to Produce Plaintiff’s and Putative Class Members’ Call Records Before Class Certification
We can all agree that discovery is burdensome especially in TCPA class actions. However, if you are thinking of running a goose chase with opposing counsel, think again! The courts are not impressed as was the case in Bales v. Bright Solar Marketing LLC (“BSM”) No. 5:21-CV-496-JSM-PRL, 2022 WL 17272426, at *1 (M.D. Fla. Nov. 29, 2022). Some background – Plaintiff alleges Defendant violated the Florida Telephone Solicitation Act (“FTSA”), Fla. Stat.
“REMOTE OR MINOR COMMERCIAL PURPOSE” IS NOT MARKETING: Eighth Circuit Court of Appeals Decides Major TCPA Fax Case Opening the Door to Broader Faxing
Monday, November 21, 2022 Happy Monday TCPA World! So, the Eighth Circuit Court of Appeals affirmed the District Court’s decision in BPP v. CaremarkPCS Health, L.L.C. granting Defendants’ Motion for Summary Judgment. BPP v. CaremarkPCS Health, L.L.C., No. 21-3791, 2022 WL 16955461, at *2 (8th Cir. Nov. 16, 2022).
Jenniffer Cabrera
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Beware Doe Defendants: Plaintiff Champion Wins Ex Parte Motion for Discovery to Subpoena Phone Carriers, Sellers, Brokers and more!
Tuesday, November 8, 2022 TCPA World, Countess here sharing an interesting case out of the District Court of D.C. The Court granted Plaintiff’s expedited discovery request “finding that it is relevant to Plaintiff’s claims and for some of the requested subpoenas, proportional to the needs of the case.” The Court also denied without prejudice part of Plaintiff’s motion with respect to additional parties that were “not named in the Motion.” hmm. The case is Joshua Champion, et al. v. DOES.
MASSIVE TCPA WIN: Presidential Candidate Sued in TCPA Suit WINS Huge Discovery Ruling Compelling Plaintiff to Produce Phone Records and Browser History
TCPA World, very excited to join the incredible talent at the Troutman Firm. I am looking forward to building our Florida office and defense for our current and future clients as your Countess Cabrera. So, it’s my first day and it makes sense that my first blog is about a case out of Puerto Rico, my motherland (Proud Puerto Rican-American). In Rowan v.
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