A unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit on Thursday handed the plaintiffs’ bar a resounding win. ...more
9/24/2018
/ Appeals ,
ATDS ,
Auto-Dialed Calls ,
Banking Sector ,
Financial Services Industry ,
Popular ,
Robocalling ,
Statutory Interpretation ,
TCPA ,
Telecommunications ,
Text Messages
In a significant opinion issued last week, the U.S. Court of Appeals for the Second Circuit held that the term "capacity," in the Telephone Consumer Protection Act's (TCPA) definition of "automatic telephone dialing system"...more
This week's ruling of the U.S. Court of Appeals for the Third Circuit in Dominguez v. Yahoo, Inc. (Dominguez II) represents the first circuit court decision to address the Telephone Consumer Protection Act's (TCPA)...more
The FCC has issued a notice announcing that it is seeking comments on several TCPA issues following the D. C. Circuit’s decision in ACA International v. FCC. Comments are due by June 13, 2018 and reply comments are due by...more
A consumer's alleged oral revocation of consent to receive autodialed or prerecorded calls to his cell phone was ineffective under the Telephone Consumer Protection Act (TCPA) when his credit card agreement provided that...more
The U.S. Court of Appeals for the D.C. Circuit has rejected a trade group’s attempt to invalidate a November 2016 FTC opinion in which the agency concluded that outbound telemarketing calls made using soundboard technology...more
The decision last week of the U.S. Court of Appeals for the D.C. Circuit ruling on petitions seeking review of the Federal Communications Commission’s (the “FCC”) 2015 Declaratory Ruling and Order (the “2015 Ruling”)...more
Fair Credit Reporting Act (FCRA) litigation has increased in 2017 and shows little sign of slowing. While a plaintiff’s actual damages may be minimal, the statute’s award of reasonable attorney’s fees and costs for a...more
Businesses that have not already done so should consult with counsel regarding "consent to be called" provisions in their consumer contracts in the wake of the decision by the U.S. Court of Appeals for the Second Circuit...more
The U.S. Court of Appeals for the Second Circuit recently held, in Reyes v. Lincoln Automotive Financial Services, that the Telephone Consumer Protection Act (TCPA) "does not permit a consumer to revoke its consent to be...more
A recent federal court ruling provides a potent reminder that companies can be held liable for consumer protection law violations committed by third-party vendors—and underscores the importance of maintaining strong vendor...more
The FCC's 2006 Solicited Fax Rule is unlawful to the extent that it requires opt-out notices on solicited fax advertisements, the U.S. Court of Appeals for the District of Columbia Circuit has held in a 2-1 ruling....more
The Ninth Circuit Court of Appeals recently heard oral argument in Los Angeles Lakers, Inc. v. Federal Insurance Company, a case raising the issue of whether an exclusion for invasion of privacy claims in a directors and...more
2/23/2017
/ Appeals ,
Breach of Contract ,
D&O Insurance ,
Denial of Insurance Coverage ,
Insurance Industry ,
Invasion of Privacy ,
Motion to Dismiss ,
NBA ,
Policy Exclusions ,
Policy Terms ,
Sports ,
TCPA ,
Text Messages
Deepening an already-existing circuit split, the Ninth Circuit has held that class certification is appropriate even if plaintiff has not shown that identifying class members is "administratively feasible." Expressly...more
Oral arguments were recently held before the U.S. Court of Appeals District of Columbia Circuit in a consolidated case, spearheaded by ACA International, challenging the Federal Communications Commission's (FCC) recent order...more
10/27/2016
/ Arbitrary and Capricious ,
ATDS ,
Auto-Dialed Calls ,
Cell Phones ,
Declaratory Rulings ,
FCC ,
Financial Institutions ,
Reassigned Phone Numbers ,
Robocalling ,
Safe Harbors ,
Smartphones ,
TCPA
The D.C. Circuit yesterday issued its long-awaited decision in PHH Corporation v. CFPB. In reversing the decision of Consumer Financial Protection Bureau (CFPB) Director Cordray to impose an enhanced penalty of $109 million...more
10/13/2016
/ Administrative Proceedings ,
Article II ,
Banking Sector ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
Due Process ,
HUD ,
Insurance Industry ,
Kickbacks ,
Mortgage Insurance ,
Mortgages ,
PHH Corp. v CFPB ,
Referral Fees ,
Reinsurance ,
Removal For-Cause ,
RESPA ,
Single Director ,
Statute of Limitations ,
Statutory Interpretation
A plaintiff did not have Article III standing to assert claims under the Telephone Consumer Protection Act (TCPA) for alleged autodialed calls made to her without her consent, a California federal district court recently...more
9/7/2016
/ Article III ,
ATDS ,
Auto-Dialed Calls ,
Banking Sector ,
Consumer Lenders ,
Debt Collection ,
Debt Collectors ,
Invasion of Privacy ,
Prior Express Consent ,
Robocalling ,
Spokeo v Robins ,
Standing ,
TCPA
A plaintiff did not have Article III standing to assert claims under the Telephone Consumer Protection Act (TCPA) for alleged autodialed calls made to her without her consent, a California federal district court recently...more
8/22/2016
/ Article III ,
Auto-Dialed Calls ,
Banking Sector ,
Corporate Counsel ,
Debt Collection ,
Dismissals ,
Injury-in-Fact ,
Popular ,
Prior Express Consent ,
Robocalling ,
Standing ,
TCPA
The Federal Communications Commission (FCC) has issued a Declaratory Ruling clarifying the application of the Telephone Consumer Protection Act (TCPA) to communications from schools and utilities. Specifically, the Ruling...more
The Federal Trade Commission's (FTC) Bureau of Consumer Protection issued a Staff Comment on June 16, 2016, supporting several of the Federal Communication Commission's (FCC) proposed regulations implementing amendments to...more
In a new white paper, ACA International, a trade association for members of the credit and collection industry, argues that the Telephone Consumer Protection Act (TCPA) must be modernized to accurately reflect the current...more
The Telephone Consumer Protection Act (TCPA) and a 2015 omnibus Declaratory Ruling and Order (2015 Order) interpreting the TCPA issued by the Federal Communications Commission (FCC) have recently faced additional challenges...more
The Federal Trade Commission (FTC) has issued new guidance to help background screening companies comply with the Fair Credit Reporting Act (FCRA) when conducting background checks on current or prospective employees. The new...more
The Bipartisan Budget Act of 2015 (Act) amended the Telephone Consumer Protection Act (TCPA) to remove the prior express consent requirement for calls ''made solely to collect a debt owed to or guaranteed by the United...more
5/13/2016
/ ATDS ,
Banking Sector ,
Bipartisan Budget ,
Cell Phones ,
Comment Period ,
Debt Collection ,
FCC ,
Federal Loans ,
Mortgages ,
NPRM ,
Prior Express Consent ,
TCPA
The Pennsylvania Superior Court has affirmed a trial court's decision denying class certification in a data breach case against two health plans, reversing its own earlier ruling in the same case that the plaintiff did not...more