Defending TCPA and State Mini-TCPA Text-Message Class Actions After McLaughlin

Irina N. Kashcheyeva, Partner | Foley & Lardner LLP

Irina N. Kashcheyeva is a partner in Foley & Lardner LLP’s Detroit office and a member of the firm’s Consumer Law, Finance and Class Action Working Group and its Business Litigation & Dispute Resolution Practice Group. A commercial litigator, she defends companies in class action and single-plaintiff cases under the TCPA, the FCRA, the FDCPA and Regulation F, UDAAP theories, the FTC Holder Rule, and a range of state consumer protection and privacy statutes, with regular work for clients in the healthcare, financial services, and automotive manufacturing sectors.

• Education & Credentials

Irina earned her law degree from Michigan State University College of Law, where her scholarship appeared in the Michigan State Law Review. Before entering private practice, she served as a law clerk to two federal judges, at the district court and court of appeals levels. She is fluent in Russian.

• Recognition & Leadership

Irina was elected to the Foley & Lardner partnership effective February 1, 2023, as part of a class of 23 lawyers recognized as leaders across the firm’s practice groups and offices.

• Professional Involvement

Irina writes frequently on consumer protection and TCPA developments. Her publications include analyses of the D.C. Circuit’s decision limiting the reach of the TCPA, the vacatur of the FCC’s One-to-One Consent Rule the day before it was set to take effect, standing arguments in data breach litigation, and requirements-contract law in the Michigan Business Law Journal and on Foley’s Consumer Defense Counsel blog.

• Experience

Irina’s experience includes first-chairing arbitration hearings and court trials, preparing successful dispositive motions, opposing class certification, and handling the full range of discovery motion practice. She obtained dismissal of a putative TCPA class action against a marketing company at the pleadings stage by defeating agency and vicarious liability allegations, and she represented a Fortune 50 pharmacy in one of the largest TCPA class actions in the country, securing voluntary dismissal with prejudice on the eve of the class certification and summary judgment hearing. She has also first-chaired a lengthy arbitration for a pharmacy benefit manager in a significant breach of contract and business torts dispute.

Noah J. DiPasquale | Troutman Pepper Locke

Noah J. DiPasquale represents clients in national class-action litigation under consumer protection statutes, with a practice concentrated on the Telephone Consumer Protection Act (TCPA) and the Fair Credit Reporting Act (FCRA). In one representative TCPA matter, he secured dismissal with prejudice at the pleadings stage of a putative class action against a California medical group in the Central District of California, where the court held that the challenged communications — regarding prior authorization requests — satisfied the FCC’s “emergency purpose” exception for health- and safety-related information. A member of the Privacy + Cyber practice at Troutman Pepper Locke in Richmond, he also handles consumer law, business disputes, and commercial litigation.

• Education & Credentials

He earned his J.D. from Regent University School of Law in 2017 and his B.A. from Thomas Edison State University in 2013. He is admitted to the bars of Virginia, Florida, and the District of Columbia, and to practice before the U.S. Court of Appeals for the Seventh Circuit and the U.S. District Courts for the Eastern and Western Districts of Virginia and the Southern, Middle, and Northern Districts of Florida.

• Recognition & Leadership

At Regent University School of Law, he graduated first in his class and was named the school’s Outstanding Graduate for 2017. He served as editor-in-chief of the Regent University Law Review.

• Professional Involvement

He writes and speaks regularly on consumer protection litigation and compliance. He co-authored “Reasonable Reinvestigation, Not Legal Adjudication: CRAs and Furnishers under the FCRA” (American Bar Association, March 2026) and “Litigating Virginia’s Right of Publicity Laws” (Virginia Lawyer, June 2026), and appeared on the FCRA Focus podcast episode “Resellers in the Middle: Duties, Data, and Defenses Under the FCRA” (January 2026). His recent conference presentations include “Surviving but not Satisfied: A Legal, Legislative, and Regulatory Update Impacting Tenant Screening” (National Consumer Reporting Association 2025 Annual Conference) and “Tenant Screening Litigation Trends: Learning From Other Lawsuits To Avoid Our Own” (PBSA Mid-Year Legislative & Regulatory Conference, March 2025), and he has published on consumer financial services topics since 2021.

• Experience

His litigation practice centers on defending putative nationwide class actions under the TCPA and FCRA, alongside consumer law, business disputes, and commercial litigation within the firm’s Privacy + Cyber group. He began his career in the federal judiciary, clerking for the Honorable Claude Hilton of the U.S. District Court for the Eastern District of Virginia (2017–2018) and the Honorable Daniel Manion of the U.S. Court of Appeals for the Seventh Circuit (2018–2020).

SESSION 1 – Defending TCPA Text Class Actions: Standing, Dismissal, and Settlement | 12:00pm – 1:00pm

This session covers defense-side litigation strategy for TCPA and state mini-TCPA text-message class actions following the Supreme Court’s 2025 decision in McLaughlin Chiropractic Associates v. McKesson Corp. Attorneys will learn how to deploy standing challenges, the emerging texts-versus-telephone-calls dismissal argument, arbitration and class-certification defenses, and state mini-TCPA exposure analysis. Attendees will leave with a practical framework for early-exit motions, class-cert opposition, and informed settlement benchmarking.

BREAK | 1:00pm – 1:10pm

SESSION 2 – Building a Defensible Text-Messaging Consent and Compliance Record | 1:10pm – 2:10pm

This session examines how to construct a text-messaging consent and compliance record that will withstand TCPA litigation and regulatory scrutiny in the post-McLaughlin, post-Chevron environment. Attorneys will learn how the Supreme Court’s 2025 McLaughlin decision, the growing circuit split on whether texts are statutory ‘calls,’ revised FCC revocation rules, and a patchwork of state mini-TCPA statutes collectively reshape what a defensible consent record must contain. Attendees will leave with a concrete framework for consent capture, revocation processing, recordkeeping retention, and state-by-state compliance mapping.