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FCC Takes Important Step to Curb Abusive TCPA Litigation

December 14, 2018

The Telephone Consumer Protection Act (TCPA) has been in the spotlight a lot in 2018. From an increased number of frivolous lawsuits, to stories of outrageous fines for minor infractions, it's clear the TCPA desperately needs to be updated.

  1. FCC Takes Important Step to Curb Abusive TCPA Litigation

    December 14, 2018 | Blogs

    The Telephone Consumer Protection Act (TCPA) has been in the spotlight a lot in 2018. From an increased number of frivolous lawsuits, to stories of outrageous fines for minor infractions, it's clear the TCPA desperately needs to be updated. ... Read More

  2. In the News Today - December 14, 2018

    December 14, 2018 | News

    "The Biggest Securities Decisions Of 2018"... Read More

  3. Is the U.S. Supreme Court About to Rein in Agency Powers?

    December 14, 2018 | News

    A Wall Street Journal opinion piece discusses a forthcoming U.S. Supreme Court case that could significantly limit the power of the federal administrative state. ... Read More

  4. In the News Today - December 13, 2018

    December 13, 2018 | News

    "The Increased Importance of Compliance Going Forward"... Read More

  5. New Justice Appointed to West Virginia Supreme Court

    December 13, 2018 | News

    West Virginia Gov. Jim Justice appointed Circuit Judge John Hutchinson to fill the seat of convicted Justice Allen Loughry on the state's Supreme Court, the West Virginia Record reports. ... Read More

  6. In the News Today - December 12, 2018

    December 12, 2018 | News

    "Class Cert. Evidence Standard Likely Headed To High Court"... Read More

  7. New Report Shows Assignment of Benefits Lawsuits Cost Floridians $2.5 Billion Over 12 Years

    December 12, 2018 | News

    The Insurance Information Institute released a report yesterday that found that Florida's assignment of benefits (AOB) practice has cost the state's drivers and homeowners an extra $2.5 billion in inflated claims costs and unnecessary litigation over the past twelve years Insurance Journal reports.... Read More

  8. In the News Today - December 11, 2018

    December 11, 2018 | News

    "Root Out This Rot: Special Interests in Attorneys General Offices;" Assignment of Benefits to Blame for Florida Insurance Rate Hikes... Read More

  9. ILR Says There's "Room For Serious Improvements" In EU Collective Action Proposal

    December 11, 2018 | News

    U.S. Chamber Institute for Legal Reform Senior Vice President for International Initiatives Scevole de Cazotte told Corporate Counsel that "there's room for serious improvements," in a bill working its way through the European Parliament that would bring class action litigation to the Continent.... Read More

  10. In the News Today - December 10, 2018

    December 10, 2018 | News

    "What Crashing Autonomous Cars Tell Us About the Future of Product Liability;" "Calif. Privacy Act Will Increase Data Breach Liability"... Read More

  11. Unlikely Allies: Trial Lawyers and Conservative Treasurers

    December 10, 2018 | News

    A Legal Newsline report in Forbes details the unusual alliance between class action trial lawyers and free market state treasurers.... Read More

  1. In the News Today - December 14, 2018

    December 14, 2018 | News

    "The Biggest Securities Decisions Of 2018"... Read More

  2. Is the U.S. Supreme Court About to Rein in Agency Powers?

    December 14, 2018 | News

    A Wall Street Journal opinion piece discusses a forthcoming U.S. Supreme Court case that could significantly limit the power of the federal administrative state. ... Read More

  3. In the News Today - December 13, 2018

    December 13, 2018 | News

    "The Increased Importance of Compliance Going Forward"... Read More

  4. New Justice Appointed to West Virginia Supreme Court

    December 13, 2018 | News

    West Virginia Gov. Jim Justice appointed Circuit Judge John Hutchinson to fill the seat of convicted Justice Allen Loughry on the state's Supreme Court, the West Virginia Record reports. ... Read More

  5. In the News Today - December 12, 2018

    December 12, 2018 | News

    "Class Cert. Evidence Standard Likely Headed To High Court"... Read More

  6. New Report Shows Assignment of Benefits Lawsuits Cost Floridians $2.5 Billion Over 12 Years

    December 12, 2018 | News

    The Insurance Information Institute released a report yesterday that found that Florida's assignment of benefits (AOB) practice has cost the state's drivers and homeowners an extra $2.5 billion in inflated claims costs and unnecessary litigation over the past twelve years Insurance Journal reports.... Read More

  7. In the News Today - December 11, 2018

    December 11, 2018 | News

    "Root Out This Rot: Special Interests in Attorneys General Offices;" Assignment of Benefits to Blame for Florida Insurance Rate Hikes... Read More

  8. ILR Says There's "Room For Serious Improvements" In EU Collective Action Proposal

    December 11, 2018 | News

    U.S. Chamber Institute for Legal Reform Senior Vice President for International Initiatives Scevole de Cazotte told Corporate Counsel that "there's room for serious improvements," in a bill working its way through the European Parliament that would bring class action litigation to the Continent.... Read More

  9. In the News Today - December 10, 2018

    December 10, 2018 | News

    "What Crashing Autonomous Cars Tell Us About the Future of Product Liability;" "Calif. Privacy Act Will Increase Data Breach Liability"... Read More

  10. Unlikely Allies: Trial Lawyers and Conservative Treasurers

    December 10, 2018 | News

    A Legal Newsline report in Forbes details the unusual alliance between class action trial lawyers and free market state treasurers.... Read More

  11. In the News Today - December 7, 2018

    December 07, 2018 | News

    President Trump to Nominate William Barr as Attorney General... Read More

  1. FCC Takes Important Step to Curb Abusive TCPA Litigation

    December 14, 2018 | Blogs

    The Telephone Consumer Protection Act (TCPA) has been in the spotlight a lot in 2018. From an increased number of frivolous lawsuits, to stories of outrageous fines for minor infractions, it's clear the TCPA desperately needs to be updated. ... Read More

  2. Statement from Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform, on passage of a collective redress proposal out of the European Parliament Legal Affairs Committee (JURI)

    December 06, 2018 | Blogs

    "A new collective action directive will create a whole new world of litigation in Europe and it is crucial that EU lawmakers get it right the first time."... Read More

  3. The U.S. Chamber Institute for Legal Reform Commends Judicial Hellholes for Highlighting Nation's Worst Civil Justice Jurisdictions

    December 05, 2018 | Blogs

    Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR),made the following statement on the release of the American Tort Reform Association's (ATRA) Judicial Hellholes 2018/2019:... Read More

  4. New U.S. Tort Costs Study May Show What's Coming for Europe

    December 04, 2018 | Blogs

    The U.S. tort system can be extremely inefficient, and now a new report shows just how expensive that system is-something the EU institutions should note as they consider the proposed directive on representative actions. ... Read More

  5. American Law Institute: Elite Group of Legal Experts Exerts Growing Influence Over State Law

    December 03, 2018 | Blogs

    This kind of thing isn't supposed to happen. A private group of legal experts has influenced a court to ignore a majority rule and change their application of state law. And it won't be the last time.... Read More

  6. Department of Justice Announces Major Changes to "Yates Memo"

    November 30, 2018 | Blogs

    The holiday season is in full swing, but the Department of Justice (DOJ) isn't letting visions of sugar plums get in the way of conducting business. ... Read More

  7. TCPA Lawsuits are HOW Expensive??

    November 30, 2018 | Blogs

    A new report from the TCPAland blog shows just how expensive TCPA litigation actually is.... Read More

  8. New Compliance Guidance Shows The DOJ's Continued Commitment to Defending Rule of Law

    October 18, 2018 | Blogs

    While some of the U.S. is caught up in post-season baseball, the legal community is paying close attention to the Department of Justice (DOJ), which keeps knocking out policy home runs.... Read More

  9. Over a Dozen Business Groups Sign Joint Statement Against EU Collective Action Proposal as Drafted

    October 08, 2018 | Blogs

    Today, my organization, the U.S. Chamber Institute for Legal Reform, joined 12 other European business associations to petition EU policymakers to make meaningful, commonsense changes to the European Commission's collective action proposal before they create a litigation industry across the Europe. ... Read More

  10. 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

  11. 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

  1. U.S. Chamber Comments on New York Lawsuit Against ExxonMobil

    October 24, 2018 | Press Release

    Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR) made the following statement about the lawsuit filed today by New York State against ExxonMobil using the Martin Act:... Read More

  2. Study: U.S. Tort System Costs $429 Billion

    October 24, 2018 | Press Release

    WASHINGTON, D.C. - A new report released today by the U.S. Chamber Institute for Legal Reform (ILR) shows that the cost and compensation paid in the U.S. tort system totaled $429 billion-or 2.3 percent of the U.S. gross domestic product (GDP)-in 2016.... Read More

  3. U.S. Chamber Honors Advocates for Legal Reform

    October 24, 2018 | Press Release

    WASHINGTON, D.C. - Today, the U.S. Chamber Institute for Legal Reform (ILR) presented its 2018 Legal Reform Award to two distinguished individuals and one organization at its Summit XX: Law, Policy, Politics event.... Read More

  4. 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

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

    July 11, 2018 | Press Release

    ... Read More

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

    June 04, 2018 | Press Release

    ... Read More

  7. 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

  8. 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

  9. 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

  10. 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

  11. 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

  1. ILR Research Review - Fall 2018

    November 20, 2018 | Research

    ILR's Fall 2018 research cycle was about two things: spotting new, destructive legal trends before they become unstoppable, and highlighting concrete progress in addressing long-standing litigation challenges. The 2018 Fall Research Review reveals the exploding costs of the U.S. tort system, and examines developments in securities litigation, forum shopping, False Claims Act policy reform, and the European Commission's project to implement class actions.... Read More

  2. Costs and Compensation of the U.S. Tort System

    October 24, 2018 | Research

    The tort system cost Americans $429 billion in 2016. That's the principal finding from ILR's new research, which arrives at that shocking figure by examining data on liability insurance premiums and estimates of the liability exposure of businesses and individuals that are uninsured or self-insured. The research also indicates that only 57 percent of the $429 billion went to plaintiff compensation. The rest went to lawyers' fees and other expenses.... Read More

  3. A Rising Threat: The New Class Action Racket That Harms Investors and the Economy

    October 24, 2018 | Research

    Abusive securities class action lawsuits are imposing huge costs on investors without providing any benefit, and the only winners are the lawyers, who take home millions of dollars in fees. This research documents how the plaintiffs' bar has adapted to the litigation reforms of the ‘90s to launch a new wave of securities class actions-one that is already reaching record heights.... Read More

  4. 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

  5. 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

  6. 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

  7. 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

  8. 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

  9. 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

  10. 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

  11. 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