Compliance

Saying you revoked consent to be contacted on your cell phone by an automated telephone dialing system is not going to be enough to keep your claims that someone violated the Telephone Consumer Protection Act from being dismissed, at least in Ohio, following a ruling from a District Court judge. …

A District Court judge in Michigan has denied requests for summary judgment from both the plaintiff and the defendant in a case in which the defendant is accused of violating the Fair Debt Collection Practices Act by allegedly failing to mark an account as disputed, and the judge says it …

A District Court judge in Texas has granted a defendant’s motion to dismiss claims it violated the Telephone Consumer Protection Act by calling the plaintiff on her cell phone without her consent using an automated telephone dialing system. What is interesting about the ruling is that the judge determined that …

A District Court judge in California has denied a defendant’s motion to stay a case accusing it of violating the Telephone Consumer Protection Act in order to wait for a new definition of automated telephone dialing system from the Federal Communications Commission, ruling that the Ninth Circuit Court of Appeals …

A District Court judge in California has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act by sending a collection letter to the plaintiff through her attorney, which included a demand for payment and a payment coupon. A copy of …

A bipartisan bill has been introduced in the Senate that would give the Federal Communications Commission the authority to allow carriers to automatically block calls believed to be “highly likely to be unlawful” while also providing a safe harbor to carriers in the event a legitimate call is accidentally blocked. …

The Federal Communications Commission last week voted to approve a proposed rule that will extend prohibitions against robocalls that were passed last year in the Ray Baum’s Act to text messages and international calls. Previously, the anti-spoofing prohibitions in the Ray Baum’s Act only applied to domestic robocalls. “Whether it’s …

In what may be the most closely parsed sentence in any collection letter ever, a District Court judge in New York has partially granted and partially denied a defendant’s motion to dismiss after it was sued for sending a collection letter that included the statement, “Synchrony Bank may continue to …

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A District Court judge in New York has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act by sending a letter that referenced a “current balance,” even though the balance could not increase. Similar to what he did in another …