DEMOCRATS SWEEP-- BIG TCPA CHANGES COMING?; TCPA LITIGATOR HORTON MANUFACTURED EVIDENCE; FTC WARNS HEALTHCARE MARKETERS AND OTHER BIG NEWS!

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Hi friends

Well it was a wild week not just in TCPAWorld but for the entire nation.

Biggest news is obviously the election. The reverberations of Democratic tsunami will be felt for years to come and the TCPAWorld is no exception. I spent yesterday morning analyzing the impact of the blue sweep on the TCPA and if you're interested in understanding the future of the space-and of course you are-you should give this analysis a read<https://tcpaworld.com/2026/11/05/tcpa-tsumani-democrats-sweep-to-power-here-is-what-it-may-mean-for-the-tcpa/>.

Also huge-repeat litigator Lucas B. Horton has been found in contempt of court and determined to have manufactured evidence in a TCPA suit. This is EXACTLY the sort of thing small businesses across the nation have been dealing with for years and it is wonderful to see Horton get a thrashing at the hands of someone he sued. I provide a full analysis of this ruling-but the punchline is actually pretty sad. The guy literally invented a document to try to salvage a claim in an effort to get paid in a lawsuit he should never have brought<https://tcpaworld.com/2026/11/04/horton-hammered-repeat-tcpa-litigator-lucas-b-horton-held-in-contempt-after-manufacturing-evidence-and-abusing-counsel-in-tcpa-suit/>. Just terrible.

Plus, did you see the FTC issue warning letters to 25 health plan marketers?<https://tcpaworld.com/2026/10/29/ftc-staff-send-warning-letters-to-25-healthcare-plan-marketers-and-lead-generators/> If you are in the healthcare vertical (ACA, Medicare, U65-really anything) you need to listen up. The FTC is not messing around and will continue to bring major heat upon the industry. If you are generating leads in this space please reach out to us so we can help you to understand the risk-and protect yourself!

In other big TCPA news:


  *   Nathen Barton continues to battle Joe Delfgauw and its kind of sad at this point<https://tcpaworld.com/2026/10/29/xanadu-v-barton-ii-the-doom-loop-continues/> (but Nathen will be on D2W 57 on Monday to discuss!);
  *   While Horton got destroyed another TCPA defendant couldn't get its counterclaim against a litigator past the<https://tcpaworld.com/2026/10/30/heart-soil-gets-dunked-on-in-tcpa-suit-tcpa-defendants-counterclaim-tossed-as-redundant-as-gerald-lane-cruises-to-win/> pleadings stage;
  *   A single errant fax cost Indegene nearly $5MM in a TCPA junk fax class action settlement<https://tcpaworld.com/2026/11/05/fax-can-be-costly-indegene-inc-to-pay-up-to-4717250-to-settle-junk-fax-tcpa-class-action/> (not good);
  *   Another case holds calls offering a free service do not constitute marketing<https://tcpaworld.com/2026/11/03/free-means-free-california-judge-denies-default-judgment-on-tcpa-claim-finding-that-texts-offering-free-products-arent-telephone-solicitations/>;
  *   Citi Bank dodges a bullet after court holds consumer that opted out of massive class action<https://tcpaworld.com/2026/11/03/opt-out-and-miss-out-court-says-plaintiff-cant-lead-a-class-action-after-opting-out-of-prior-settlement/> cannot bring her own against the bank;
  *   Connect America to pay $4MM to settle its own robocall class action<https://tcpaworld.com/2026/11/03/disconnect-connect-america-to-pay-up-to-4mm-to-resolve-tcpa-suit-for-alleged-robocalls/> and it should have used the RND!;
  *   The latest #biglaw data breach hits my least favorite law firm-the OTHER Troutman firm<https://tcpaworld.com/2026/10/30/ugh-pepper-youre-killing-me-data-breaches-continue-to-rock-biglaw-as-clients-head-to-the-exit/> (DON'T GET CONFUSED)!; and
  *   The first court in the Third Circuit footprint has now held SMS is not calls<https://tcpaworld.com/2026/10/30/happy-times-in-pennsylvania-first-district-court-in-the-third-circuit-holds-texts-are-not-calls-under-%c2%a7-227c5/> and this is another major development or everyone!



[cid:image002.jpg@01DD6DB3.42888640]<https://youtu.be/0Ejil67JjPM>

Last, have you caught Episode 56 of Deserve to Win<https://youtu.be/0Ejil67JjPM> with THE RETURN OF QUEENIE??? Plus we have a wonderful interview with pay-per-call legend Stan Pavlovsky-AND we try a new AI visualization tool for the podcast ( a world first!). We are always doing cool things but this might be our most awesome podcast EVER.<https://tcpaworld.com/2026/11/02/drop-deserve-to-win-podcast-56-is-out-and-queenie-is-back-and-stan-pavlovsky-lets-us-play-with-his-new-ai-toy/> Be sure to check it out right now!

Last last, LCOC tickets are now over $500.00!!!<https://www.lawconferenceofchampions.com/> If you're on this list you KNOW you're going to attend. If you don't have your tickets yet DON'T WAIT. Prices will keep rising!

Love you all. Chat soon!

Eric J. Troutman ("The Czar")
Partner
400 Spectrum Center, Ste. 1450
Irvine, CA 92618
www.tcpaworld.com<http://www.tcpaworld.com/>
www.cipaworld.com<http://www.cipaworld.com/>
www.troutmanamin.com<http://www.troutmanamin.com/>
P: (949) 761-5021 (No ATDS)
F: (949) 203-8689

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Reply stop to stop. Attorney advertising. Deserve to win.