TCPA

The First Circuit Court of Appeals has waded into technical waters and determined that calls made to individuals who have smartphones that offer a hybrid of Voiceover Internet Protocol service and cellular service are subject to the Telephone Consumer Protection Act, and overturned a lower court’s summary judgment ruling in …

Executives in the credit and collection industry — especially those working in compliance — who were hoping for a slow, relaxed summer have definitely been disappointed, based on data released yesterday by WebRecon that shows a dramatic uptick in the number of lawsuits filed by consumers. There were double-digit increases …

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 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 Colorado has granted summary judgment in favor of a defendant that was accused of violating the Telephone Consumer Protection Act, even though the plaintiff’s call records did not show any calls from the defendant and the defendant did not even have the account when some …

A defendant is being accused in a class-action suit of violating the Telephone Consumer Protection Act by allegedly calling an individual’s home phone 30 times per day, on consecutive days, after the individual revoked consent to be contacted on his cell phone, part of a campaign where the plaintiff was …

Less than a week after it was voted out of committee, the full House of Representatives is expected to debate and vote on the Stopping Bad Robocalls Act, according to a published report from ACA International. The bill — H.R. 3375 — is being labeled as “the most substantial” Telephone …

A District Court judge in Pennsylvania has appointed a former state Supreme Court justice as master in a case to determine whether a proposed $4 million settlement in a Telephone Consumer Protection Act case is sufficient. The settlement was approved in March in Ward v. Flagship Credit Acceptance (2:17-cv-02069) and …

The Court of Appeals for the Eighth Circuit has affirmed a lower court’s ruling that dramatically reduced the amount awarded to plaintiffs in a class-action lawsuit alleging violations of the Telephone Consumer Protection Act because applying the statutory damage award of $500 per call in this case resulted in a …