TCPA

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The Federal Communications Commission yesterday issued two orders, one of which restricts the number of non-telemarketing calls that can be made by non-commercial, commercial, and tax-exempt nonprofit organizations under the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act. The other order bestows more power on voice service providers …

The number of complaints alleging violations of Section 227 of the Telephone Consumer Protection Act continued their marked decline during the first 11 months of 2020 and were on pace to fall for the third consecutive year, according to data released last week by the Federal Communications Commission. The data …

A class-action lawsuit has been filed against a debt collector in Florida alleging it violated the Telephone Consumer Protection Act and the Fair Debt Collection Practices Act by calling the plaintiff more than 40 times after he allegedly revoked consent to be contacted and for mis-stating the amount that was …

In a case that was first spotlighted by Eric Troutman at TCPAWorld.com, a District Court judge in Ohio has granted a plaintiff’s motion for summary judgment and awarded it $122,500 after he was contacted by a debt collector 245 times during a 4 1/2-month span, even though the creditor never …

Consumers are filing fewer lawsuits, but are filing more complaints, according to data released yesterday by WebRecon. It will be interesting to keep an eye on that lawsuit total and see if the relatively significant increase in complaints leads to a similar increase in lawsuits in the coming months. The …

The Eleventh Circuit Court of Appeals has upheld the dismissal of a Telephone Consumer Protection Act class-action lawsuit for lack of standing after a plaintiff alleged the defendant sent her a pre-recorded messaging using ringless voicemail. A copy of the ruling in the case of Grigorian v. FCA US can …

On the same day, in the same District, two different judges issued opposing rulings on whether the Telephone Consumer Protection Act was unconstitutional between 2015 and 2020. The ruling in Hussain v. Sullivan Buick-Cadillac-GMS Truck, Inc. has already been discussed, and joined two other courts in determining that the statute …

Another district court — this time in Florida — has granted a motion to dismiss a Telephone Consumer Protection Act case by ruling that the statute was unconstitutional between 2015 and 2020, joining other courts in Louisiana and Ohio in determining that it lacked subject matter jurisdiction to determine whether …

The Court of Appeals for the Eleventh Circuit has affirmed a lower court’s ruling in favor of a defendant that was sued for violating the Telephone Consumer Protection Act by contacting an individual on his cell phone using an automated telephone dialing system because the plaintiff re-consented to being contacted …