TCPA

Placing 77 calls over a 73-day period is not enough to be considered a violation of Section 1692f of the Fair Debt Collection Practices Act, but is enough to be considered a violation of Section 1692d(5) of the FDCPA, a District Court judge in California has ruled in only partially …

A District Court judge in Florida has denied a motion to certify a class-action lawsuit in a Telephone Consumer Protection Act case in which an individual received wrong number calls on his cell phone from a debt collector using an automated telephone dialing system. A copy of the ruling in …

If at first you don’t succeed, try and try again appears to be the legal strategy of a company accused of violating the Telephone Consumer Protection Act by making calls to an individual’s phone using an pre-recorded or artificial voice without the individual’s permission. The company is, for the second …

The fact that an exemption in the Telephone Consumer Protection Act that spares debt collectors attempting to collect on debts owed to the federal government is unconstitutional is not enough to make the entire TCPA unconstitutional, ruled a District Court judge in Massachusetts, who is allowing portions of a class-action …

A handful of consumer groups have submitted an amicus brief and motion for leave to have it entered into the record as the plaintiff in Salcedo v. Hanna seeks to have his case re-heard by the entire Eleventh Circuit Court of Appeals in an en banc hearing. A panel of …

A District Court judge in California has granted summary judgment in favor of a plaintiff who sued a collection agency for allegedly violating the Telephone Consumer Protection Act by calling her cell phone 199 times without first obtaining her consent to do so, awarding the plaintiff $300,000 in damages in …

Collection agencies may not necessarily be noticing it, but there continues to be a precipitous drop in the number of lawsuits being filed alleging violations of the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, and the Telephone Consumer Protection Act, according to data released yesterday by WebRecon. …

As first pointed out by Eric Troutman at TCPAWorld.com, the Federal Communications Commission has delayed the implementation of its reassigned number database to January 2020, which is four months less than the group working on the database had asked for. Last December, the FCC approved the creation of a reassigned …

An $11 million settlement has been preliminarily approved by a District Court judge in Florida related to a Telephone Consumer Protection Act case that was brought against John C. Heath Attorney At Law, PLLC, more commonly known as Lexington Law Firm. A copy of the recommendation can be accessed by …

In an interesting twist on what defines an automated telephone dialing system, a District Court judge in Florida has denied a defendant’s motion for summary judgment, ruling that an automated message at the beginning of a call asking the recipient to wait for a representative falls under the scope of …