Michael Lueder

Michael Lueder

Foley & Lardner LLP

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Latest Publications


Significant Exception to TCPA Likely to Pass

Congress is about to pass the Bipartisan Budget Agreement of 2015. The budget agreement includes significant amendments to the Telephone Consumer Protection Act. As proposed, the TCPA will soon permit autodialed calls to cell...more

10/30/2015 - Auto-Dialed Calls Cell Phones Debt Collection Default Delinquent Borrowers Exceptions Fair Housing Act (FHA) FCC Federal Budget Federal Student Loans Lenders Pending Legislation Prior Express Consent Robocalling TCPA U.S. Treasury Veterans Administration

Strip Club Beats TCPA Case With Human Intervention

The Sapphire Gentlemen’s Club in Las Vegas sends promotional text messages to its customers. Doing so involved multiple steps. First, a Club employee inputs telephone numbers into a mobile marketing website. He does this by...more

8/24/2015 - Auto-Dialed Calls FCC Robocalling Summary Judgment TCPA Text Messages

The FCC Broadens TCPA's Reach: More Lawsuits Ahead!

The Federal Communications Commission (“FCC”) issued its declaratory ruling and order addressing over 20 pending petitions on Friday, July 10, 2015. This new ruling effectively requires companies to make a fresh evaluation of...more

7/20/2015 - Auto-Dialed Calls Declaratory Rulings FCC Opt-Outs Prior Express Consent Reassigned Phone Numbers Revocation Robocalling Smartphones TCPA Wireless Devices Wireless Industry

FCC Approves New TCPA Rules

Today, the FCC ruled on 21 long-standing petitions and letters seeking clarifications of the Telephone Consumer Protection Act. FCC Chairman Tom Wheeler’s proposed rules were approved with a 3-2 vote. The new rules, which...more

6/19/2015 - Auto-Dialed Calls Consent Corporate Counsel Do Not Call List FCC New Regulations Robocalling TCPA Telemarketing

FCC Chairman Proposes New TCPA Rules

The FCC is ready to rule on long-standing petitions seeking clarifications of the Telephone Consumer Protection Act and related FCC regulations. On May 27, 2015, FCC Chairman Tom Wheeler circulated a proposed regulatory...more

5/29/2015 - Consent Do Not Call List FCC FTC Popular Revocation Robocalling TCPA Texting Wireless Devices

Devastating TCPA Fine Levied Against Small Roofing Company

David Randall Associates, Inc. has provided commercial roofing services in eastern Pennsylvania, New Jersey, and mid-state Delaware for the past 25 years. Last Friday, the company was hit with a $22,405,000 TCPA fine in a...more

4/3/2015 - Advertising Class Action Construction Project Corporate Counsel Fines TCPA Unsolicited Faxes

The Supreme Court Just Held That TILA Rescission Is Accomplished With Notice Alone

Until today, courts were split over what steps borrowers must take to rescind a home loan. Some courts had ruled that a borrower simply had to send a rescission notice to his creditor within three years after taking out a...more

1/14/2015 - Appeals Bank of America Countrywide Disclosure Requirements Mortgage Lenders Mortgages Notice Requirements Refinancing Required Documentation Rescission Statute of Limitations Truth in Lending Act (TILA) Written Notice

Telephone Consumer Protection Act Express Consent Narrowed Again

Albert Nigro just wanted to turn off his deceased mother-in-law’s electricity. He called the electric company, but it required that he provide his mobile telephone number to disconnect service. It turned out though that the...more

10/20/2014 - Debt Collection Prior Express Consent TCPA

Mais Reversed: If You Give Me Your Number, I Can Call It, However I Want.

“If you give me your number, I can call it, however I want.” For more than twenty years this statement has summarized the Federal Communications Commission view of prior express consent under the Telephone Consumer Protection...more

10/3/2014 - FCC Robocalling Spam TCPA

Eleventh Circuit Hears Oral Argument in Landmark TCPA Case

Industry now waits as the Eleventh Circuit considers whether to overturn a Florida district court decision rejecting the Federal Communications Commission’s definition of prior express consent under the Telephone Consumer...more

9/23/2014 - Consent FCC Prior Express Consent TCPA

Blast Fax Cases Now Harder to Certify

Blast fax cases filed under the Telephone Consumer Protection Act just became harder to certify in Minnesota. On August 5, 2014 U.S. District Court Judge David S. Doty, in the case Sandusky Wellness Center LLC v. Medtox...more

8/15/2014 - Class Action Class Certification Faxes Spam Unsolicited Faxes

Eleventh Circuit Further Muddies the Waters for Collectors

The Telephone Consumer Protection Act’s safe harbor for calls made with the prior express consent of the called party is destroyed the moment the debtor says, “Stop calling me!” So too, a collector can be liable for...more

4/21/2014 - Creditors Debt Collection Debtors TCPA

More TCPA Lawsuits Coming: Express Consent Can Be Revoked at Any Time

Express consent to be called using an autodialer can be revoked at any time, says the U.S. Court of Appeals for the Third Circuit. On August 22, 2013, in Gager v. Dell Financial Services, LLC, the Court attacked a common...more

8/23/2013 - Cell Phones Consent Debtors Dell FCC Revocation Robocalling TCPA

Judge Scola Strikes Again: Rejects Traditional Standard for Express Consent Under TCPA

A little over a month after deciding Mais v. Golf Coast Collections Bureau, Inc., Judge Robert Scola has again ruled that the FCC’s 20 year old order regarding express consent under the Telephone Consumer Protection Act has...more

7/8/2013 - FCC Robocalling TCPA Texting

No TCPA Express Consent When Instructions to the Contrary are Provided

The Federal Communications Commission has long held that a person who knowingly releases his telephone number to a person or entity has in effect given his permission to be called at that number unless he provides...more

5/30/2013 - Consent FCC Papa John's International Registration TCPA Texting

Florida Judge Rejects Long Standing, Accepted Definition of Express Consent Under Telephone Consumer Protection Act

On May 8, 2013 Florida Judge Robert Scola, Jr. rejected the Federal Communications Commission longstanding definition of express consent. In Mais v. Gulf Coast Collection Bureau, plaintiff Mark Mais went to the emergency room...more

5/13/2013 - Cell Phones Consent FCC TCPA Telecommunications

New Risks for Indirect Lenders

Last month the Consumer Financial Protection Bureau announced that it will start holding banks accountable for the discriminatory actions of indirect auto lenders. The issue arises when a consumer goes to purchase a car and...more

4/23/2013 - CFPB Compliance ECOA Fair Lending Lenders Loans Regulation B

Zip Code Requests Off-Limits in Massachusetts Credit Card Transactions

In a recent decision, Tyler v. Michaels Stores, Inc., the Massachusetts Supreme Judicial Court held that zip codes are “personal identification information” and that a merchant asking for that information during a credit card...more


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