TCPA

Trying to make heads or tails of how the coronavirus pandemic is affecting the volume of lawsuits filed against collection agencies continues to baffle, according to the latest data released yesterday by WebRecon. In July, where the volume of lawsuits alleging violations of the Fair Credit Reporting Act, the Fair …

An individual has filed a Telephone Consumer Protection Act lawsuit, claiming she received more than 130 debt collection calls from a defendant allegedly using an automated telephone dialing system after revoking consent to be contacted. A copy of the complaint in the case of Hammond v. USAA Federal Savings Bank, …

Mark your calendars, ladies and gentleman. December 8 is not just a day that is two days before my birthday anymore. That Tuesday will be the day that the Supreme Court will hear arguments in Facebook v. Duguid, a case that aims to settle — once and for all — …

The Eleventh Circuit Court of Appeals ruled yesterday in a Telephone Consumer Protection Act case against a debt collector that incentive payments for the named plaintiff in a class-action lawsuit are illegal under Supreme Court precedent dating back more than 130 years. A copy of the ruling in the case …

A District Court judge in Hawaii has denied a defendant’s motion to compel arbitration in a class-action suit accusing it of violating the Telephone Consumer Protection Act and Fair Debt Collection Practices Act because the defendant did not show that the plaintiff must rely on the terms of his customer …

In a case that was first reported by Eric Troutman at TCPAWorld.com, a District Court judge in Texas has dismissed claims that a collector violated the Fair Debt Collection Practices Act by making one unanswered phone call to the plaintiff’s cell phone, but denied a motion to dismiss for lack …

As first noted by Eric Troutman at TCPAWorld.com, the federal government, in a brief filed Friday with the Supreme Court, thinks that the definition of an automated telephone dialing system starts and ends with technology that has the capacity to use a random or sequential number generator to store or …

Only in 2020 would the number of lawsuits filed against collection agencies claiming violations of the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and the Telephone Consumer Protection Act be both up and down, according to data published yesterday by WebRecon. When comparing the totals from July …

A District Court judge in Kansas has granted a defendant’s motion for summary judgment in a Telephone Consumer Protection Act case, becoming the latest to wade in and choose sides on how an automated telephone dialing system is defined. A copy of the ruling in the case of Hampton v. …

A District Court judge in Washington has denied a defendant’s request to stay its Telephone Consumer Protection Act case until the Supreme Court rules in Facebook v. Duguid, ruling that it is more “desirable” to try and proceed with discovery than it would be to wait. A copy of the …