TCPA

The Court of Appeals for the Eleventh Circuit has affirmed a lower court’s ruling in favor of a defendant that was sued for violating the Telephone Consumer Protection Act by contacting an individual on his cell phone using an automated telephone dialing system because the plaintiff re-consented to being contacted …

Consumers and the attorneys who represent them in litigation against companies in the accounts receivable management industry continued to forgo the Fair Debt Collection Practices Act in favor of the Fair Credit Reporting Act and the Telephone Consumer Protection Act, according to data released by WebRecon. The number of FDCPA …

The U.S. Chamber of Commerce has put its support behind a request from Capital One seeking a ruling from the Federal Communications Commission that would allow companies to send a confirmation text message to an individual who opts out of receiving messages without being held liable for violating the Telephone …

The Court of Appeals for the Tenth Circuit has upheld a lower court’s denial of class certification in a Telephone Consumer Protection Act lawsuit in which the plaintiff alleged to have received more than 200 robocalls from an auto lender, agreeing with the lower court that the plaintiff did not …

Spoofing a phone number is bad. Spoofing the phone number of your “bitter” competitor and then making more than 47,000 pre-recorded robocalls is even worse. Which is why the Federal Communications Commission has imposed a fine of nearly $10 million on Kenneth Moser for intentionally trying to harm the business …

An individual in Florida has filed a lawsuit accusing a company of violating the Telephone Consumer Protection Act by making debt collection calls to the plaintiff’s cell phone after he had revoked consent to be contacted and told the defendant he intended to file for bankruptcy protection and asked the …

A working group comprised of members from different branches of state and federal government lauded the “considerable progress” that has been made in halting the “scourge of unlawful robocalls plaguing the American public” in a report to Congress required under the Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act. …

Another District Court judge has granted a defendant’s motion to dismiss in a Telephone Consumer Protection Act case on the basis that calls made to an individual’s cell phone using an automated telephone dialing system before July 6 — when the Supreme Court ruled in Barr v. American Association of Political …

While there was an uptick in some of the data points tracked by WebRecon in September, the increases — whether comparing the data to August or comparing it to last September — were not that large. The data points that were lower, however, were significantly so. For example, the number …

Those deadline for entities and organizations that want the Supreme Court to adopt a more restrictive definition of the Automated Telephone Dialing System under the Telephone Consumer Protection Act to file their briefs was Friday, and there were seven submitted, including a bipartisan group of 38 state attorneys general, 21 …