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. …
Read More »Texas Judge Rules Predictive Dialers Fall Outside Definition of ATDS, Countering Marks
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 …
Read More »Judge Denies Motion to Stay TCPA Case To See How FCC Defines Autodialer
A District Court judge in California has denied a defendant’s motion to stay a case accusing it of violating the Telephone Consumer Protection Act in order to wait for a new definition of automated telephone dialing system from the Federal Communications Commission, ruling that the Ninth Circuit Court of Appeals …
Read More »Appeals Court Upholds Ruling That Insurance Carrier Not Liable to Cover Marketer For TCPA Suit
The Court of Appeals for the Eighth Circuit has upheld a lower court’s ruling granting summary judgment in favor of an insurance company that did not cover a client that was accused of violating the Telephone Consumer Protection Act. A copy of the ruling in American Family Mutual Insurance Company …
Read More »Judge Grants Summary Judgment For Defense in TCPA ATDS Case
A student loan servicer has won summary judgment after it was accused of violating the Telephone Consumer Protection Act by using an automated telephone dialing system to contact the plaintiff. A copy of the ruling in Collins v. National Student Loan Program can be accessed by clicking here. During the …
Read More »Lawsuit Totals Continue Downward Trend in May
While higher than in April, the overall number of lawsuits filed against collection agencies in May alleging violations of the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, and the Telephone Consumer Protection Act continued their year-long decline, according to data released yesterday by WebRecon. Through the first …
Read More »Judge Denies Summary Judgment In TCPA Case Over Limited Scope of Contact
A federal judge in the Southern District of Indiana has denied a summary judgment motion from a defendant after it was sued for allegedly violating the Telephone Consumer Protection Act by contacting the nanny of an account holder using an automated telephone dialing system (ATDS) in an attempt to collect …
Read More »Retailer Hit With TCPA Class Action
Aaron’s, a lease-to-own retail company, has had a class-action lawsuit filed against it for allegedly violating the Telephone Consumer Protection Act by contacting individuals believed to be debtors using an automated telephone dialing system. While a TCPA class-action in and of itself is not a man-bites-dog type of story, it …
Read More »Court Relies on Congressional Intent To Grant Summary Judgment in TCPA Case
Eric Troutman from Womble Bond Dickinson has an interesting summary of a case from the District Court for the Western District of New York in which Navient Solutions was granted summary judgment after being sued for allegedly violating the Telephone Consumer Protection Act. What makes the case interesting, Troutman points …
Read More »Bills Introduced in House, Senate to Update ATDS Definition With Aim of Stopping Robocall Proliferation
Companion bills have been introduced in the House of Representatives and the Senate aimed at expanding the definition of automated telephone dialing systems to include platforms that make calls from numbers stored on a list, as well as those that use random or sequential number generators. Sen. Edward Markey [D-Mass.] …
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