TCPA

A Pennsylvania man has filed a lawsuit alleging he received 343 debt collection calls on his cell phone after he revoked his consent to be contacted, accusing the defendant of willfully violating the Telephone Consumer Protection Act. A copy of the complaint in Kearney v. Bank of America can be …

A pair of court documents in a potential landmark case were quickly making the rounds yesterday, as VoApps sought to prove, once and for all, that it’s Direct Drop Voicemail product should not be considered a call, as defined under the Telephone Consumer Protection Act. News of the filings were …

A District Court judge in Arizona has denied a defendant’s motion to dismiss after it was accused of violating the Telephone Consumer Protection Act by making collection calls to the plaintiff using an automated telephone dialing system. A copy of the ruling in McCullough v. Maximum Title Loans LLC can …

A District Court judge in Ohio has denied a defendant’s motion to dismiss after it was sued for allegedly violating the Telephone Consumer Protection Act, denying the defendant’s argument that an outbound call can be turned into an inbound call and thus not subject to the TCPA. A copy of …

The Court of Appeals for the Eleventh Circuit has ruled that the receipt of one text message is not enough of a violation of the Telephone Consumer Protection Act to give someone standing to file a lawsuit under Article III of the Constitution, potentially throwing a wrench into the arguments …

A District Court judge in Pennsylvania has granted summary judgment to a defendant that was accused of violating the Telephone Consumer Protection Act by contacting an individual on his cell phone after he had revoked consent to be contacted, because the defendant was not using an automated telephone dialing system. …

The First Circuit Court of Appeals has waded into technical waters and determined that calls made to individuals who have smartphones that offer a hybrid of Voiceover Internet Protocol service and cellular service are subject to the Telephone Consumer Protection Act, and overturned a lower court’s summary judgment ruling in …

Executives in the credit and collection industry — especially those working in compliance — who were hoping for a slow, relaxed summer have definitely been disappointed, based on data released yesterday by WebRecon that shows a dramatic uptick in the number of lawsuits filed by consumers. There were double-digit increases …

Saying you revoked consent to be contacted on your cell phone by an automated telephone dialing system is not going to be enough to keep your claims that someone violated the Telephone Consumer Protection Act from being dismissed, at least in Ohio, following a ruling from a District Court judge. …

A District Court judge in Texas has granted a defendant’s motion to dismiss claims it violated the Telephone Consumer Protection Act by calling the plaintiff on her cell phone without her consent using an automated telephone dialing system. What is interesting about the ruling is that the judge determined that …