TCPA

In a case that was first spotlighted by Eric Troutman at TCPAWorld.com, a District Court judge in Ohio has granted a plaintiff’s motion for summary judgment and awarded it $122,500 after he was contacted by a debt collector 245 times during a 4 1/2-month span, even though the creditor never …

Consumers are filing fewer lawsuits, but are filing more complaints, according to data released yesterday by WebRecon. It will be interesting to keep an eye on that lawsuit total and see if the relatively significant increase in complaints leads to a similar increase in lawsuits in the coming months. The …

The Eleventh Circuit Court of Appeals has upheld the dismissal of a Telephone Consumer Protection Act class-action lawsuit for lack of standing after a plaintiff alleged the defendant sent her a pre-recorded messaging using ringless voicemail. A copy of the ruling in the case of Grigorian v. FCA US can …

On the same day, in the same District, two different judges issued opposing rulings on whether the Telephone Consumer Protection Act was unconstitutional between 2015 and 2020. The ruling in Hussain v. Sullivan Buick-Cadillac-GMS Truck, Inc. has already been discussed, and joined two other courts in determining that the statute …

Another district court — this time in Florida — has granted a motion to dismiss a Telephone Consumer Protection Act case by ruling that the statute was unconstitutional between 2015 and 2020, joining other courts in Louisiana and Ohio in determining that it lacked subject matter jurisdiction to determine whether …

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 …