Last week, in Fuller v. Frontline Asset Strategies, Inc., the Northern District of Illinois compelled arbitration of Fair Debt Collection Practices Act (FDCPA) claims against LVNV Funding, LLC (LVNV), Resurgent Capital...more
Last year, the United States Supreme Court held that the FDCPA’s unique restrictions on debt collectors do not necessarily translate well in the world of bankruptcy. In Midland Funding. LLC v. Johnson, 137 S. Ct. 1407 (2017)...more
This article addresses the Court’s reversal of over a decade of confusion regarding autodialers. The TCPA defines an autodialer (automatic telephone dialing system, or ATDS) as “equipment which has the capacity (a) to store...more
3/20/2018
/ Appeals ,
ATDS ,
Auto-Dialed Calls ,
Consent ,
Consumer Financial Products ,
Exemptions ,
FCC ,
Health Care Providers ,
Revocation ,
Safe Harbors ,
TCPA
Here, we address one significant component of the decision: the D.C. Circuit’s confirmation that consumers may revoke consent to call by any reasonable means but with the qualification that parties may be able to contract...more
3/20/2018
/ Appeals ,
ATDS ,
Auto-Dialed Calls ,
Consent ,
Consumer Financial Products ,
Exemptions ,
FCC ,
Health Care Providers ,
Revocation ,
Safe Harbors ,
TCPA
Here, we examine the D.C. Circuit’s reversal of not simply the one-call safe harbor for reassigned numbers imposed by the FCC’s 2015 TCPA ruling but also the Commission’s treatment of reassigned numbers as a whole. ...more
3/20/2018
/ Appeals ,
ATDS ,
Auto-Dialed Calls ,
Consent ,
Consumer Financial Products ,
Exemptions ,
FCC ,
Health Care Providers ,
Revocation ,
Safe Harbors ,
TCPA
In a watershed case, the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) unwound key components of the controversial 2015 ruling by the Federal Communications Commission (FCC or Commission)...more
3/19/2018
/ Appeals ,
ATDS ,
Auto-Dialed Calls ,
Consent ,
Consumer Financial Products ,
Exemptions ,
FCC ,
Health Care Providers ,
Revocation ,
Safe Harbors ,
TCPA
Last week, in Schweitzer v. Comenity Bank, the Eleventh Circuit held that a consumer can partially revoke consent to be called under the Telephone Consumer Protection Act (TCPA). Schweitzer gave her cell phone number when...more
Yesterday, the Supreme Court of the United States issued its opinion in Henson v. Santander Consumer USA, Inc.—Justice Gorsuch’s first as a Supreme Court Justice. The question presented was whether “individuals and entities...more
6/13/2017
/ Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Laws ,
Creditors ,
Debt Buyers ,
Debt Collection ,
Debt Collectors ,
FDCPA ,
Henson v Santander Consumer USA ,
Popular ,
SCOTUS ,
Third-Party Service Provider ,
Unfair or Deceptive Trade Practices
This week, the United States Supreme Court issued a key decision under the Fair Debt Collection Practices Act in a case litigated by Balch & Bingham lawyers, Jason Tompkins and Chase Espy. In Midland Funding, LLC v. Johnson,...more
From the moment it was published in July 2014, Crawford v. LVNV Funding, LLC, 758 F.3d 1254 (11th Cir. 2014)—the first reported appellate decision holding that a plaintiff may state a claim under the Fair Debt Collection...more