TCPA

A District Court judge in North Carolina has denied a defendant’s motion to dismiss after it was accused of violating the Telephone Consumer Protection Act by using an automated telephone dialing system to contact an individual without first receiving his consent, adopting a definition of an ATDS that is in …

In a case that was first reported by Eric Troutman at TCPAWorld.com, a District Court judge in Illinois has granted a collection agency’s motion to dismiss after it was sued for violating the Telephone Consumer Protection Act, ruling that there is “no plausible explanation” why a debt collector would use …

This month’s stats from WebRecon were looking at each other in the mirror, it appears. While the number of Fair Debt Collection Practices Act suits were up significantly for the month of June compared with the same month last year, but still down significantly through the first half of the …

The Supreme Court today granted a petition to hear arguments in Duguid v. Facebook, a case that will seek to settle once and for all how an automated telephone dialing system is defined under the Telephone Consumer Protection Act. The decision comes just three days after the Supreme Court ruled …

A District Court judge in California has approved a plaintiff’s motion for a preliminary settlement in a Telephone Consumer Protection Act case which will see a collection agency pay $6.8 million in cash and debt forgiveness after making calls using an artificial or pre-recorded voice or an automatic telephone dialing …

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 …