Compliance

The Supreme Court has agreed to hear arguments in a Telephone Consumer Protection Act case that deals with whether courts have a requirement to accept how a regulator interprets a statute. The case, PDR Network v. Carlton & Harris Chiropractic, involves an unsolicited fax that was sent to the plaintiff by …

A pair of federal regulators that are being sued by a group of payday lenders for their role in Operation Choke Point filed a motion for summary judgment yesterday, arguing that the plaintiffs have not suffered the harms they claimed to have suffered because of the initiative and, even if …

A federal judge in Florida has denied a motion to compel arbitration in a case in which a collection agency was accused of violating the Fair Debt Collection Practices Act by not identifying itself properly in a voicemail message because the agency waited seven years before seeking arbitration. The defendant …

The Court of Appeals for the Third Circuit, in a non-precedential opinion, has reversed a lower court’s dismissal of a lawsuit and reinstated a lawsuit filed by an individual against a collection agency for allegedly violating the Fair Debt Collection Practices Act for the language it included in a collection …

What meets the definition of an automatic telephone dialing system remains in limbo as courts across the country are making their own determinations as the Federal Communications Commission works on a new rule related to the Telephone Consumer Protection Act, but industries of all shapes and sizes, including the ARM …

The team at Maurice Wutscher has spotlighted a case where the Court of Appeals for the Seventh Circuit has affirmed a lower court’s summary judgment award in favor of a defendant after it was accused of violating the Fair Debt Collection Practices Act over a $100 fee that was charged …

A federal judge in Pennsylvania has denied a motion to dismiss a lawsuit filed against a collection agency for allegedly violating the Fair Debt Collection Practices Act by sending a collection notice that failed to inform the plaintiff of his rights even though it used the exact language from the …

A federal judge in Indiana has disqualified a lawyer representing a plaintiff in a collection lawsuit because the lawyer previously worked at a different firm that represented the defendant, according to a published report. Jamie Lynn Holmes filed a lawsuit against Credit Protection Association, alleging the company violated the Telephone …

Crunch San Diego has asked the Court of Appeals for the Ninth Circuit to stay its ruling in a Telephone Consumer Protection Act case so it can request a hearing before the Supreme Court. The Ninth Circuit ruled in September that Crunch violated the TCPA when it sent text messages to …

Even though the number of lawsuits alleging collection agencies have violated the Telephone Consumer Protection Act may be on the decline, complying with the TCPA has never been so complicated, in the wake of a number of legal rulings and proposed rules that seemingly reinterpret the law on a daily …