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 …
Read More »Plaintiff in Incentive Award Case Files En Banc Petition
As first noted by Eric Troutman at TCPAWorld.com, the plaintiff in an Appeals Court decision that ruled incentive payments for the named plaintiff in a class-action lawsuit are illegal under Supreme Court precedent dating back more than 130 years has filed for an en banc hearing before the Eleventh Circuit. …
Read More »Judge Approves $6M Settlement in TCPA Case Against Collector
A District Court judge in California has granted final approval of a $6 million settlement in a Telephone Consumer Protection Act case that alleged a debt collector placed calls to individuals’ cell phones using an automated telephone dialing system without first obtaining their consent. The defendant has also agreed to …
Read More »Judge Grants MTD on State Collection Law While Also Commenting on Consent Revocation
A District Court judge in Oregon has granted a defendant’s motion to dismiss a claim it violated a state collection law while also ruling that revocation of consent must be made to all parties instead of assuming that if consent is revoked to one party, then all other parties will …
Read More »Judge Dismisses TCPA Suit, Says ATDS Provision Unconstitutional For Calls Made Before July SCOTUS Ruling
A District Court judge in Louisiana has granted a defendant’s motion to dismiss after it was sued for violating the Telephone Consumer Protection Act by making calls to individuals’ cell phones using an automated telephone dialing system, saying that any such call made before July 6 — when the Supreme …
Read More »FCC Issues NPRM on TCPA Exemptions
The Federal Communications Commission has issued a Notice of Proposed Rulemaking that seeks to possibly amend the exemptions that have been granted under the Telephone Consumer Protection Act allowing some entities to make calls using automated telephone dialing systems or artificial or pre-recorded voices, which could possibly include debt collection …
Read More »See-Saw Lawsuit Filings Continue in August: WebRecon
Trying to make heads or tails of how the coronavirus pandemic is affecting the volume of lawsuits filed against collection agencies continues to baffle, according to the latest data released yesterday by WebRecon. In July, where the volume of lawsuits alleging violations of the Fair Credit Reporting Act, the Fair …
Read More »Plaintiff Files TCPA Suit, Alleges Receiving 130 Collection Calls After Revoking Consent
An individual has filed a Telephone Consumer Protection Act lawsuit, claiming she received more than 130 debt collection calls from a defendant allegedly using an automated telephone dialing system after revoking consent to be contacted. A copy of the complaint in the case of Hammond v. USAA Federal Savings Bank, …
Read More »Supreme Court Sets Date to Hear Arguments in TCPA ATDS Case
Mark your calendars, ladies and gentleman. December 8 is not just a day that is two days before my birthday anymore. That Tuesday will be the day that the Supreme Court will hear arguments in Facebook v. Duguid, a case that aims to settle — once and for all — …
Read More »Appeals Court Rules Incentive Awards in Class-Action Suits Are Forbidden
The Eleventh Circuit Court of Appeals ruled yesterday in a Telephone Consumer Protection Act case against a debt collector that incentive payments for the named plaintiff in a class-action lawsuit are illegal under Supreme Court precedent dating back more than 130 years. A copy of the ruling in the case …
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