TCPA Filings Way Down so Far in August, 2020– Dog Days of Summer or Facebook Effect?

Editor's note: This article is provided through a partnership between insideARM and Squire Patton Boggs LLP, which provides a steady stream of timely, insightful and entertaining takes on TCPAWorld.com of the ever-evolving, never-a-dull-moment Telephone Consumer Protection Act. Squire Patton Boggs LLP—and all insideARM articles—are protected by copyright. All rights are reserved. 

For years, we have watched at the TCPA litigation machine has generated thousands of cases–and innumerable TCPA millionaires. From 2011 to 2016 the number of new filings absolutely skyrocketed.

2017 through 2019 saw marked drops in TCPA filings in federal court–but that is a bit deceptive as the percentage of TCPA class actions continued to climb and huge numbers of TCPA cases were submitted to arbitration.

(As always, thanks to our friends at WebRecon for the data.)

But now, finally, in August of 2020 we might be seeing the beginning of an ACTUAL decrease in overall filings. Through three quarters of this month, there have only been a total of 90 TCPA filings.

Total. That’s it.

By comparison, there were 246 TCPA filings in August 2019 and 650 filings in April 2020 alone.

Seems pretty clear that the Supreme Court’s acceptance of the big Facebook cert petition is weighing on the scale and keeping filings compressed. 

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That’s good news in the short term, but in the long term, the TCPA’s four-year statute of limitations promises a massive spike in litigation will follow the Supreme Court’s latest (big) TCPA ruling–if the Court goes the wrong way. 

Bottom line: do not let this lull in litigation lead to a feeling of confidence. TCPA compliance needs to remain a priority.

For now though, rest easy TCPAWorld and enjoy the relative silence. Unless you’re ViSalus.

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