TCPA

A District Court judge has partially granted summary judgment in favor of a defendant that was accused of violating the Telephone Consumer Protection Act by contacting the plaintiff on his cell phone without his consent and the Fair Debt Collection Practices Act by using profane language and threatening to sue …

Not that a lot of collectors are sending faxes to try and collect, but it is worth noting that the Federal Communications Commission earlier this week announced that faxes sent to an online fax service are not subject to the provisions of the Telephone Consumer Protection Act. The FCC’s Consumer …

A class-action lawsuit has been filed alleging that Bank of America violated the Telephone Consumer Protection Act by making debt collection calls to individuals on their cell phone using an automated telephone dialing system after the individual had indicated he was being represented by an attorney. A copy of the …

A recently settled class action is making the rounds in the credit and collection industry as it showcases the vast differences between settling cases alleging violations of the Fair Debt Collection Practices Act and those alleging violations of the Telephone Consumer Protection Act. A copy of the final order and …

A District Court judge in New York has imposed a $190,000 judgment against a defendant that was accused of violating the Telephone Consumer Protection Act by making nearly 400 calls — to the wrong individual — to collect on a delinquent credit card account. A copy of the ruling in …

ACA International, along with Midland Credit Management and Encore Credit filed amicus briefs with the Supreme Court yesterday, arguing that the court should hear arguments in a case that seeks to define what constitutes an automatic telephone dialing system under the Telephone Consumer Protection Act. The briefs filed by ACA …

A class-action lawsuit has been filed, accusing a financial services company and a vendor it uses of violating the Telephone Consumer Protection Act by pitching debt consolidation services to individuals by making calls to their cell phones with first obtaining the proper consent to do so. A copy of the …

The Court of Appeals for the Eleventh Circuit has reversed a lower court’s certification of a class-action in the Telephone Consumer Protection Act case, ruling that receiving a telemarketing call and not revoking consent to be contacted does not rise to the standard of a concrete injury under Article III …

The Federal Communications Commission is seeking public input into a request for a Declaratory Order that would allow companies to send a follow-up text message to an individual who had opted out of receiving messages to clarify whether the individual is seeking to opt out of receiving specific requests or …

A petition has been filed with the Supreme Court to determine whether an exemption in the Telephone Consumer Protection Act that allows for calls to be made using an automated telephone dialing system without obtaining prior consent when collecting on debts owed or guaranteed by the federal government are unconstitutional …