Judge Dismisses FDCPA, TCPA Case Over Improper Service

A collection agency that never responded to a lawsuit or appeared to defend itself against a default judgment nonetheless still won a dismissal because the plaintiff did not properly serve the defendant with the summons after alleging the agency violated the Fair Debt Collection Practices Act and the Telephone Consumer …

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ACA Part of 17 Groups That Ask FCC To Move Faster on New TCPA Rule

A group of 17 different trade associations, including ACA International, have asked the Federal Communications Commission to “expeditiously” clarify what constitutes an automated telephone dialing system under the Telephone Consumer Protection Act. The groups sent a letter to the FCC on Wednesday, reminding the regulator that it has been 21 …

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TCPA Suit Filed Over Text Messages to Wrong Number

A plaintiff has filed a class-action lawsuit alleging a defendant violated the Telephone Consumer Protection Act because it did not stop sending text messages after the plaintiff wrote a text message back saying he had never ordered anything from the defendant, but it appears as though the text messages did …

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Appeals Court Expands ATDS Definition Under TCPA

The Court of Appeals for the Eleventh Circuit has offered a lesson in grammar and statutory construction to set the record straight — at least within the boundaries of its judicial realm — on what defines an automated telephone dialing system within the context of the Telephone Consumer Protection Act. …

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