Refills & Recaps

The headlines are flowing faster than a Friday happy hour!

🧾 Cash App Coughs Up $12.5 Million Over Spam Texts

Turns out "You’ve got Cash!" texts aren’t always welcome—or legal. Cash App agreed to settle a class action lawsuit for allegedly sending unsolicited marketing texts without users’ permission. Under the TCPA, that’s a $500–$1,500-per-text problem. Now, they’re paying up—$12.5 million worth.

👉 Keep those screenshots, friends. Spam texts might be worth more than your side hustle.

🍋 Used Car? Still a Lemon. And Now You Have Less Juice.

California’s Lemon Law just got watered down. A recent ruling says used car buyers may not be protected, even if their vehicle still has factory warranty left.

Translation: that “certified pre-owned” car with electrical issues? Good luck getting help.

👀 Check your state laws and act fast—because lemons spoil quickly, and so do your rights.

📞 SCOTUS to Spam: Courts Don’t Have to Follow the FCC Anymore

Thanks to McLaughlin v. McKesson, federal courts are no longer required to follow FCC interpretations of the TCPA. That means judges can now decide for themselves what counts as a robocall or “telephone facsimile machine.” It’s a win for clarity… and possibly a recipe for chaos.

📬 We’ll keep you posted as courts start remixing the rules.

the future of TCPA after wilson v reprise

1️⃣ A Potential Split in Federal Courts

2️⃣ Greater Consumer Leverage in TCPA Class Actions

Diverging interpretations: With this case (District of Oregon) affirming that texts are covered under § 227(c), while other courts like Jones v. Blackstone (C.D. Ill.) have narrowly excluded texts, we’re seeing a growing split among federal courts.

Impact: This could lead to forum shopping, where plaintiffs choose jurisdictions more favorable to consumer claims.
It also increases the likelihood that the Ninth Circuit (and possibly the Supreme Court) will eventually need to resolve the inconsistency.

2️⃣ Greater Consumer Leverage in TCPA Class Actions

Class viability: If texts are recognized as actionable “telephone solicitations,” nationwide class actions alleging Do-Not-Call violations via text become more viable.

Settlement pressure: Defendants may face higher litigation risk, leading to more settlements or revised outreach practices to avoid potential multimillion-dollar statutory damages ($500–$1,500 per text).

3️⃣ FCC Guidance Carries More Weight

2️⃣ Greater Consumer Leverage in TCPA Class Actions

3️⃣ FCC Guidance Carries More Weight

The Wilson ruling explicitly deferred to the FCC’s long-standing guidance that TCPA protections apply equally to texts and calls.

This strengthens the Chevron-type deference to regulatory interpretations and may influence other courts to follow FCC rulings rather than rely on narrow textual readings.

Expect the FCC to continue clarifying TCPA coverage of texts, possibly issuing new guidance to eliminate ambiguity.

4️⃣ Heightened Scrutiny of “Mistaken or Misdirected Texts”

The case shows courts are willing to protect consumers even when messages are intended for someone else (e.g., “Brian” in Wilson’s complaint).

This signals that lack of intent or accidental texting won’t shield companies from liability, incentivizing: Stricter verification of contact lists, Enhanced opt-out mechanisms, and Reduced reliance on automated texting campaigns.

5️⃣ Trend Toward Expanded TCPA Protections

4️⃣ Heightened Scrutiny of “Mistaken or Misdirected Texts”

As courts like the one in Wilson broaden interpretations of TCPA provisions:

More consumer-friendly rulings are likely, especially in privacy-conscious circuits (9th, 2nd).

Tech-based marketing (SMS, RCS, push notifications) could increasingly face TCPA scrutiny, forcing companies to adopt “text consent first” approaches.

However, business-friendly courts may continue limiting TCPA reach, keeping the law in flux until higher courts intervene.

🔮 Outlook for the Next 2–3 Years

4️⃣ Heightened Scrutiny of “Mistaken or Misdirected Texts”

🔮 Outlook for the Next 2–3 Years

Short term: Expect increased filings in jurisdictions adopting the Wilson reasoning, particularly for Do-Not-Call text violations.

Medium term: The circuit split will likely deepen, prompting either Supreme Court resolution or FCC rulemaking to clarify that texts are covered.

Long term: TCPA may evolve or be amended legislatively to explicitly address SMS and emerging communication technologies, strengthening consumer privacy rights.

The Consumer Bar

🔄 Catch up, top off, and stay in the know.

The headlines are flowing faster than a Friday happy hour!

🧾 Cash App Coughs Up $12.5 Million Over Spam Texts

🍋 Used Car? Still a Lemon. And Now You Have Less Juice.

📞 SCOTUS to Spam: Courts Don’t Have to Follow the FCC Anymore

📞 SCOTUS to Spam: Courts Don’t Have to Follow the FCC Anymore

the future of TCPA after wilson v reprise

1️⃣ A Potential Split in Federal Courts

2️⃣ Greater Consumer Leverage in TCPA Class Actions

2️⃣ Greater Consumer Leverage in TCPA Class Actions

2️⃣ Greater Consumer Leverage in TCPA Class Actions

2️⃣ Greater Consumer Leverage in TCPA Class Actions

2️⃣ Greater Consumer Leverage in TCPA Class Actions

3️⃣ FCC Guidance Carries More Weight

2️⃣ Greater Consumer Leverage in TCPA Class Actions

3️⃣ FCC Guidance Carries More Weight

4️⃣ Heightened Scrutiny of “Mistaken or Misdirected Texts”

4️⃣ Heightened Scrutiny of “Mistaken or Misdirected Texts”

4️⃣ Heightened Scrutiny of “Mistaken or Misdirected Texts”

5️⃣ Trend Toward Expanded TCPA Protections

4️⃣ Heightened Scrutiny of “Mistaken or Misdirected Texts”

4️⃣ Heightened Scrutiny of “Mistaken or Misdirected Texts”

🔮 Outlook for the Next 2–3 Years

4️⃣ Heightened Scrutiny of “Mistaken or Misdirected Texts”

🔮 Outlook for the Next 2–3 Years

🔄 Catch up, top off, and stay in the know.

The headlines are flowing faster than a Friday happy hour!

🧾 Cash App Coughs Up $12.5 Million Over Spam Texts

🍋 Used Car? Still a Lemon. And Now You Have Less Juice.

📞 SCOTUS to Spam: Courts Don’t Have to Follow the FCC Anymore

📞 SCOTUS to Spam: Courts Don’t Have to Follow the FCC Anymore

the future of TCPA after wilson v reprise

1️⃣ A Potential Split in Federal Courts

2️⃣ Greater Consumer Leverage in TCPA Class Actions

2️⃣ Greater Consumer Leverage in TCPA Class Actions

2️⃣ Greater Consumer Leverage in TCPA Class Actions

2️⃣ Greater Consumer Leverage in TCPA Class Actions

2️⃣ Greater Consumer Leverage in TCPA Class Actions

3️⃣ FCC Guidance Carries More Weight

2️⃣ Greater Consumer Leverage in TCPA Class Actions

3️⃣ FCC Guidance Carries More Weight

4️⃣ Heightened Scrutiny of “Mistaken or Misdirected Texts”

4️⃣ Heightened Scrutiny of “Mistaken or Misdirected Texts”

4️⃣ Heightened Scrutiny of “Mistaken or Misdirected Texts”

5️⃣ Trend Toward Expanded TCPA Protections

4️⃣ Heightened Scrutiny of “Mistaken or Misdirected Texts”

4️⃣ Heightened Scrutiny of “Mistaken or Misdirected Texts”

🔮 Outlook for the Next 2–3 Years

4️⃣ Heightened Scrutiny of “Mistaken or Misdirected Texts”

🔮 Outlook for the Next 2–3 Years

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