The Third Circuit Court of Appeals has upheld a lower court’s ruling in favor of a defendant in a Telephone Consumer Protection Act case involving an automated telephone dialing system. That sentence alone should make you want to read the rest of the article. But it’s the next sentence that …
Read More »Judge Certifies Class in TCPA Case Against Collector
A District Court judge in Washington has granted a plaintiff’s motion to certify a class action against a debt collector accused of violating the Telephone Consumer Protection Act by obtaining the plaintiff’s cell phone number via a skiptracing service and contacting the plaintiff without first obtaining consent to do so, …
Read More »FCC Chair Says Congress May Need to Act to Expand Definition of ATDS Under TCPA
The chairwoman of the Federal Communications Commission is calling on Congress to help amend the definition of an automated telephone dialing system because the Supreme Court’s decision in Facebook v. Duguid “could lead to less consumer protection from robocalls,” she wrote in a letter responding to a request from Rep. …
Read More »Judge Denies MSJ For Defendant in TCPA Case Over Whether Consent was Revoked
A District Court judge in Kentucky has partially granted — and partially denied — a defendant’s motion for summary judgment in a Telephone Consumer Protection Act case, ruling that a plaintiff’s request to have information sent to him via the mail rather then delivered over the phone, coupled with refusing …
Read More »Judge Grants MSJ for Defendant in TCPA ATDS Case
A District Court judge in Indiana has granted a defendant’s motion for summary judgment in a Telephone Consumer Protection Act case, ruling that the defendant did not use an automated telephone dialing system when contacting the plaintiff on his cell phone to collect on an unpaid debt after he had …
Read More »FCC Proposes Largest Robocall Fine Ever as Chair Makes Comments About ‘Fix’ing Consumer Protections Under TCPA
The Federal Communications Commission has proposed its largest fine ever — $45 million — against a company accused of making “hundreds of thousands” of illegal robocalls attempting to sell health insurance. Perhaps most interestingly to companies in the accounts receivable management industry was a comment from the Chair of the …
Read More »Judge Grants MSJ for Defendant on Hunstein Claim, Denies MSJ on TCPA ATDS Claim
There have been a number of rulings in Hunstein cases and a number of rulings in post-Facebook Telephone Consumer Protection Act cases, but rarely, if ever, has there been a ruling that addresses both of these landmark cases. A District Court judge in Tennessee has partially granted a defendant’s motion …
Read More »Appeals Court Affirms Ruling for Defendant in TCPA ATDS Case
The Court of Appeals for the Ninth Circuit has affirmed a lower court’s ruling in favor of a defendant that was accused of violating the Telephone Consumer Protection Act by contacting the plaintiff using an automated telephone dialing system. A copy of the ruling in the case of Meier v. …
Read More »Judge Dismisses TCPA Class Action Over Collection Calls
A District Court judge in Michigan has dismissed class-action claims made by a plaintiff that debt collection calls made by a creditor to a consumer’s cell phone without consent in an attempt to reach the plaintiff’s brother violated the Telephone Consumer Protection Act because the equipment used by the defendant …
Read More »Judge Grants Motions to Compel, Dismiss in FDCPA, TCPA Class Action
A District Court judge in California has granted a defendant’s motion to dismiss with prejudice and motion compel arbitration in a class-action case alleging violations of the Fair Debt Collection Practices Act and Telephone Consumer Protection Act over an unpaid credit card debt. A copy of the lengthy 45-page ruling …
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