TCPA

Yesterday’s Supreme Court decision in Barr v. American Association of Political Consultants likely caught nobody by surprise. While there were some who thought the Court would toss the entire Telephone Consumer Protection Act, most prognosticators predicted that the Court would do exactly what it did — excise the federal debt …

The Supreme Court today ruled that the Telephone Consumer Protection Act does not need to be invalidated in order to correct a violation of the First Amendment in which it allowed collection calls to cell phones without prior consent when collecting debts that were owed to or guaranteed by the …

At what point does a blip become a trend? The credit and collection industry may want to ask that question after reviewing the monthly lawsuit totals from WebRecon, in which the number of Fair Debt Collection Practices Act suits declined for the fifth straight month and are now more than …

The Federal Communications Commission last week issued a Declaratory Ruling in which it determined that a calling platform does not meet the definition of autodialer under the Telephone Consumer Protection Act — whether it is used for placing calls or sending text messages — if the platform is “not capable …

A District Court judge in Indiana has granted a defendant’s motion for summary judgment in a Telephone Consumer Protection Act class action, ruling that even though the plaintiff continued to receive text messages from a debt collector after she had revoked consent to be contacted, the technology used by the …

A federal judge in Minnesota has denied a motion to dismiss filed by the re-election campaign for President Trump, after it was accused of violating the Telephone Consumer Protection Act by allegedly sending text messages using an automated telephone dialing system without first obtaining the proper consent to do so. …

The Ninth Circuit Court of Appeals has upheld a lower court’s verdict against a company accused of violating the Telephone Consumer Protection Act because the phone number it was calling had been reassigned to someone other than the intended recipient of the calls, ruling that the company must have the …

Even a global pandemic can’t keep individuals from filing lawsuits against collection agencies. While a record number of co-plaintiffs in a Telephone Consumer Protection Act case skewed the numbers to a degree, the number of lawsuits tracked by WebRecon in April — a month in which most of the country …

A District Court judge in Texas has granted a defendant’s motion to dismiss a Telephone Consumer Protection Act lawsuit, ruling that to qualify as an automated telephone dialing system, the device must randomly or sequentially generate — not just store — phone numbers. A copy of the ruling in the …

A class action lawsuit has been filed against a collection law firm for allegedly violating the Telephone Consumer Protection Act because it left two voicemail messages on the plaintiff’s phone, but the messages were an attempt to reach someone other than the plaintiff. A copy of the complaint in the …