The Third Circuit Court of Appeals has upheld a lower court’s ruling in favor of a defendant in a Telephone Consumer Protection Act case involving an automated telephone dialing system. That sentence alone should make you want to read the rest of the article. But it’s the next sentence that …
Read More »Appeals Court Rules Sending Text Messages Confers Consent to be Contacted
The Court of Appeals for the Ninth Circuit has affirmed a lower court’s ruling that an individual’s text messages sent to a financial institution constitute providing expressed consent to be contacted on a mobile phone via an automated telephone dialing system under the Telephone Consumer Protection Act, but that the …
Read More »Judge Certifies Class in TCPA Case Against Collector
A District Court judge in Washington has granted a plaintiff’s motion to certify a class action against a debt collector accused of violating the Telephone Consumer Protection Act by obtaining the plaintiff’s cell phone number via a skiptracing service and contacting the plaintiff without first obtaining consent to do so, …
Read More »Lawsuit Totals Spike in March: WebRecon
The number of lawsuits alleging violations of the Fair Credit Reporting Act, Fair Debt Collection Practices Act, and the Telephone Consumer Protection Act all increased in March, compared with a month earlier, each growing by more than double-digit percentages, according to data released by WebRecon. The number of FCRA lawsuits …
Read More »FCC Chair Says Congress May Need to Act to Expand Definition of ATDS Under TCPA
The chairwoman of the Federal Communications Commission is calling on Congress to help amend the definition of an automated telephone dialing system because the Supreme Court’s decision in Facebook v. Duguid “could lead to less consumer protection from robocalls,” she wrote in a letter responding to a request from Rep. …
Read More »Suit Totals Drop in February While Complaint Numbers Keep Rising: WebRecon
The number of lawsuits alleging violations of the Fair Credit Reporting Act, Fair Debt Collection Practices Act, and Telephone Consumer Protection Act all took a nosedive in February, compared with a month earlier, according to data released last week by WebRecon. Of particular note, the number of TCPA lawsuits through …
Read More »Cell Phone Carrier Facing TCPA Class Action Over Collection Calls to Wrong Number
A class-action complaint has been filed in Florida against a cell phone carrier and the vendors and third parties it uses to place outbound calls, alleging violations of the Telephone Consumer Protection Act by making more than 50 debt collection calls using an automated telephone dialing service to a wrong …
Read More »Judge Denies MSJ For Defendant in TCPA Claim Over Whether Plaintiff Revoked Consent
A District Court judge in Illinois has dismissed a Fair Debt Collection Practices Act claim made by a plaintiff — who has the same name as a plaintiff’s attorney — against a debt collector while denying the defendant’s motion for summary judgment on a Telephone Consumer Protection Act claim, ruling …
Read More »Judge Denies Competing Motions in FDCPA, TCPA Case
A District Court Judge in Nevada has denied competing motions for judgment on the pleadings filed by both the plaintiff and defendant in a Fair Debt Collection Practices Act and Telephone Consumer Protection Act case about calls that were made to the plaintiff by the defendant after the debt had …
Read More »Supreme Court Declines to Hear Arguments in TCPA ATDS Case
The Supreme Court yesterday denied a petition to hear arguments in a Telephone Consumer Protection Act case that sought to overturn an Appeals Court ruling issued last year over whether the entire statute was unenforceable because it contained a provision for five years that was found to be unconstitutional. The …
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