The Post-McLaughlin State of TCPA Litigation: Do Not Call—But Can I Text?

Ashley R. Fickel, Partner | Stinson LLP

Ashley R. Fickel is a Partner in the Los Angeles office of Stinson LLP, where he concentrates his practice on business litigation, real estate litigation, construction litigation, consumer class action defense, and data and private cybersecurity. Drawing on two decades of courtroom experience, he has represented financial institutions, automotive and other manufacturers, and a diverse group of businesses and individuals facing individual and class action claims involving consumer financial services, consumer fraud, privacy, products liability, catastrophic injury, and complex business disputes.

• Education & Credentials

Ashley earned his J.D., cum laude, from Pepperdine Caruso School of Law in 2004, where he was named to the Dean’s List and served on the Pepperdine Law Review. He received his B.A. from Westmont College in 1997 and is admitted to practice in California.

• Recognition & Leadership

Ashley was nominated for the Los Angeles Business Journal’s “Leaders of Influence: Litigators & Trial Attorneys” award in 2023, named to the publication’s “Thriving in Their 40’s” list in 2022, and nominated for its “Leaders in Law” award in 2021. He was recognized in Southern California Super Lawyers as a Rising Star in General Litigation from 2009 to 2013 and from 2016 to 2020. He authored a chapter on consumer auto finance law in Practising Law Institute’s Consumer Financial Services Answer Book, and his recent commentary on litigation risk and consumer protection has appeared in Bloomberg Law, Law360, and the Los Angeles Daily Journal.

• Professional Involvement

At Stinson, Ashley practices within the firm’s Business Litigation, Class Action, Cybersecurity & Data Privacy, Construction, Consumer Financial Services, and Automotive Finance groups. He also serves his community as a board member of the Santa Barbara Tennis Patrons.

• Experience

Ashley has defended national banks, financial services companies, debt collectors, and other entities in putative class actions alleging “blast fax,” automated dialer, and related claims under the Telephone Consumer Protection Act (TCPA), as well as unauthorized call recording and monitoring claims under California Penal Code sections 630 and 632. His consumer financial services work includes representing major debt collectors in individual and class cases under the FCRA and FDCPA, and representing mortgage servicers and lenders in foreclosure-related and loan modification litigation in state and federal court. He has also advised financial institutions on privacy issues arising under the GLBA and the CCPA.

Maxwell Levins, Associate | Stinson LLP

Maxwell Levins is an Associate with Stinson LLP in the firm’s business litigation group, where he represents national banks and other businesses in a range of commercial disputes, including those brought under the Telephone Consumer Protection Act. His work focuses on protecting the interests of clients throughout all stages of litigation, from trial court discovery to state and federal appellate proceedings.

• Education & Credentials

Maxwell graduated from the University of California, Irvine School of Law in 2023 after receiving his undergraduate degree in economics from the University of Southern California. He is admitted to practice in the state of California, Central District of California, Northern District of California, Ninth Circuit Court of Appeals, and Court of Appeals for Veterans Claims.

• Recognition & Leadership

Maxwell has briefed trial and appellate litigation matters across several federal jurisdictions. During law school, Maxwell was a finalist in both Moot Court and Mock Trial.

• Professional Involvement

Raised in Kansas City and residing in Orange County, Maxwell is connected in his local and professional communities through national events with the LGBTQ+ Bar Association as well as local events with Orange County’s Association of Business Trial Lawyers and Orange County’s Lavender Bar Association. Maxwell’s pro bono practice includes assisting veterans in appealing the denial of their benefits claims.

• Experience

Maxwell has litigated dozens of Telephone Consumer Protection Act matters from demand letters to post-certification briefing. His focus includes advising clients on preventing actionable claims and litigating the claims that can arise despite following best practices. Maxwell understands how to chart the right path forward to minimize TCPA exposure at all stages of litigation.

SESSION 1 – Pleading and Forum Strategy for TCPA Text Message Do-Not-Call Claims | 1:00pm – 2:00pm

This session addresses the rapidly shifting pleading and forum strategy landscape for TCPA Do-Not-Call claims based on text messages, focusing on the deepening circuit split over whether text messages qualify as “calls” under Section 227(c) of the statute. Attorneys will learn how to evaluate forum options and make post-McLaughlin arguments on both sides in hostile jurisdictions. Participants will leave with a concrete pleading framework and a jurisdiction-by-jurisdiction forum map applicable to active and prospective text-based TCPA litigation.

BREAK | 2:00pm – 2:10pm

SESSION 2 – Post-McLaughlin TCPA Class Certification Viability and Settlement Value | 2:10pm – 3:10pm

This session examines three variables that largely determine the value and viability of TCPA class actions across jurisdictions: the Rule 23(b)(3) predominance battleground, recent settlement benchmarks, and the advisability of summary judgment motions. Attorneys will leave with a working command of current TCPA circuit splits, certification strategies, and how to assess and communicate settlement leverage. The session is designed for attorneys who evaluate and/or litigate TCPA class actions.