TCPA

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 …

The Court of Appeals for the Eleventh Circuit has denied a request for an en banc hearing in the case of Salcedo v. Hanna, in which it was ruled the receipt of a single text message was not enough to violate the Telephone Consumer Protection Act. The denial means that …

The number of lawsuits alleging violations of the Telephone Consumer Protection Act and the Fair Debt Collection Practices Act continue to remain well below the pace from last year, according to data released recently by WebRecon. Through the first three-quarters of 2019, the number of FDCPA claims is down 9.4% …

A District Court judge in Florida has denied all of the arguments put forth by a plaintiff why his Telephone Consumer Protection Act lawsuit alleging his cable provider called him more than 150 times using an automated telephone dialing system without first obtaining his consent should not be arbitrated and …

Placing 77 calls over a 73-day period is not enough to be considered a violation of Section 1692f of the Fair Debt Collection Practices Act, but is enough to be considered a violation of Section 1692d(5) of the FDCPA, a District Court judge in California has ruled in only partially …