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Creditors Debtors Telephone Consumer Protection Act

Goodwin

2021 Year in Review: Consumer Finance

Goodwin on

[co-authors: Amelie Hopkins, and Collin Grier] The year 2021 started with the hope of COVID-19 vaccines and a return to (relative) normalcy, only to conclude with new variants that presented new challenges and extended...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending April 26, 2019

Carlton Fields on

Real Property Update - • Foreclosure / Reverse Mortgage / Condition Precedent: bank failed to establish that the subject property was not the principal residence of surviving co-borrower under its reverse mortgage, a...more

Seyfarth Shaw LLP

Sixth Circuit Weighs In On Prior Express Consent

Seyfarth Shaw LLP on

Under what circumstances does a person give his “prior express consent” to be contacted on his cellphone by a creditor? The Sixth Circuit recently examined that very question in Hill v. Homeward Residential, Inc., where it...more

BakerHostetler

Sixth Circuit Rules on New TCPA Limitations

BakerHostetler on

On Friday, the Sixth Circuit declared that a debtor who provides a cellphone number to a creditor has consented to receiving calls, and the creditor does not violate the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. §...more

Foley & Lardner LLP

Eleventh Circuit Further Muddies the Waters for Collectors

Foley & Lardner LLP on

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

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