News & Analysis as of

Student Loans Robocalling

Manatt, Phelps & Phillips, LLP

TCPA Suit Tossed Where Plaintiff Not A ‘Called Party’

A Telephone Consumer Protection Act (TCPA) plaintiff who was neither a subscriber of the telephone number nor a customary user of the number failed to state a claim under the statute, a New York federal court has ruled....more

McGlinchey Stafford

New York Northern District Court Reminds That Only a “Called Party” May Bring a TCPA Claim

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On June 10, 2024, the United States District Court for the Northern District of New York reiterated that a claim for violation of the Telephone Consumer Protection Act (TCPA) cannot be maintained by a consumer who is neither...more

Shipkevich PLLC

2023 Regulatory Recap of the Debt Settlement Industry Activity and 2024 Regulatory Forecast

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This article highlights the few newsworthy actions and events we wrote about the debt settlement industry throughout the year. The debt settlement industry did see some movement by regulatory bodies across the board, though...more

Cozen O'Connor

Student Loan Scams May Increase in Wake of Biden v. Nebraska

Cozen O'Connor on

South Carolina AG Alan Wilson and the FCC’s Robocall Response Team are warning consumers about a potential rise in student loan debt scam robocalls and robotexts following the Supreme Court’s recent decision in Biden v....more

Goodwin

FTC Brings Action Against Two Companies Involved in Illegal Student Loan Relief Schemes

Goodwin on

On May 8, 2023 the FTC announced that it filed complaints against two loan forgiveness and debt relief companies on April 24, 2023 alleging that they falsely claimed to be affiliated with the Department of Education....more

Venable LLP

Telemarketing Lead Generators: How Many “Marketing Partners” Is Too Many?

Venable LLP on

For years, lead generators have obtained telephone numbers for their clients to call by obtaining the consumer’s consent to receive calls from certain entities specifically identified by the lead generator. A typical model...more

Hinch Newman LLP

FCC Rules on Lead Generation "Consent Farms" to Capture Consent for Telemarketing Purposes

Hinch Newman LLP on

In December 2022, the FCC’s Robocall Response Team announced that the Enforcement Bureau has ordered telecommunications companies to stop carrying robocalls related to known student loan scams. Voice service providers must...more

Orrick, Herrington & Sutcliffe LLP

Orrick State Attorneys General Newsletter – January 2022

Massachusetts Attorney General Maura Healey Announces Run for Governor As widely anticipated, Massachusetts Attorney General Healey formally announced she will run for governor in 2022. General Healey’s decision will likely...more

Spilman Thomas & Battle, PLLC

All Consuming - Financial Litigation Insights, Volume 2, Issue 24

Here are 5 Changes Student Loan Borrowers Could See in 2022 - "Experts say that if student loan forgiveness is going to happen, it will likely be before the midterm elections." Why this is important: During the last...more

Faegre Drinker Biddle & Reath LLP

Timing Is Everything in Eleventh Circuit’s Renewed Consent Case

The Eleventh Circuit recently affirmed the entry of summary judgment in favor of a student loan servicer and its affiliate, finding that their nearly 2,000 calls did not violate the TCPA because the plaintiff had renewed his...more

Bradley Arant Boult Cummings LLP

Eleventh Circuit Endorses Narrow Definition of TCPA Autodialer Creating Circuit Split

On January 27, 2020, a federal court of appeals issued a significant decision interpreting the Telephone Consumer Protection Act (commonly referred to as the “TCPA”) in a way that limits the expansive potential liability...more

Womble Bond Dickinson

Fourth Circuit Severs 2015 Government-Backed Debt Exemption From TCPA Based on First Amendment Challenge

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The TCPA was the patient on the operating table in the Fourth Circuit’s opinion regarding the constitutionality of the TCPA issued today in American Association of Political Consultants, Inc., et al v. FCC, No. 18-1588 (4th...more

Proskauer - Minding Your Business

A Radical Change to Ratification: Key Takeaways from Henderson v. United Student Aid Funds, Inc.

On Friday, March 22, a split panel of the Ninth Circuit Court of Appeals found that a company with no direct contractual relationship with independent contractors could be found vicariously liable for the actions of those...more

Womble Bond Dickinson

Navient Wins Summary Judgment: Court Confirms Calls to Collect Government-Backed Debt Exempt From TCPA

Womble Bond Dickinson on

In a recently published decision, a federal court granted student loan processor Navient’s motion for summary judgment, concluding that a statutory exception that makes calls solely to collect a debt owed to or guaranteed by...more

Goodwin

Financial Services Weekly News - August 2016 #3

Goodwin on

Editor's Note - MetLife Fights On. MetLife continued to fight its designation as a nonbank systemically important financial institution (SIFI) this week as the insurer filed its reply brief in the Financial Stability...more

McGuireWoods LLP

What’s Next? Recent Actions Highlight CFPB’s Focus on Student Loans

McGuireWoods LLP on

Beginning with a May 2015 field hearing and request for information – and culminating consent order dated July 22, 2015 – recent actions by the Consumer Financial Protection Bureau (CFPB) highlight its increasing focus on...more

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