A unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit in Duguid v. Facebook, Inc., has reaffirmed the broad reading of the Telephone Consumer Protection Act’s (TCPA) definition of an automatic...more
6/19/2019
/ ATDS ,
Constitutional Challenges ,
Debt Collection ,
Facebook ,
Financial Services Industry ,
First Amendment ,
Free Speech ,
Putative Class Actions ,
Social Media ,
TCPA ,
Text Messages
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
A law firm's letter, warning that a lien would be recorded against a woman's home if she failed to pay her annual homeowners association fees, is not exempt from the Fair Debt Collection Practices Act (FDCPA) as an attempt to...more
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 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 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 new Telephone Consumer Protection Act (TCPA) exemption for calls made to cellular numbers to collect debts owed to or guaranteed by the United States applies retroactively to calls made before the exemption's effective...more
4/18/2016
/ ATDS ,
Bipartisan Budget ,
Cell Phones ,
Debt Collection ,
Exemptions ,
FCC ,
Federal Loans ,
Federal Student Loans ,
Popular ,
Retroactive Application ,
TCPA
A recent letter from Federal Communications Commission (FCC) Chairman Tom Wheeler describes the regulations being considered by the FCC for implementing new Telephone Consumer Protection Act (TCPA) exemptions for calls made...more
3/16/2016
/ Auto-Dialed Calls ,
Corporate Counsel ,
Debt Collection ,
Exemptions ,
FCC ,
IRS ,
NPRM ,
Popular ,
Prior Express Consent ,
Robocalling ,
TCPA
A creditor that received a consumer's cell phone number through an intermediary had the consumer's ''prior express consent'' under the Telephone Consumer Protection Act (TCPA) to receive calls from a debt collector, the U.S....more
2/29/2016
/ Auto-Dialed Calls ,
Cell Phones ,
Corporate Counsel ,
Debt Collection ,
FCC ,
Health Care Providers ,
Popular ,
Prior Express Consent ,
Putative Class Actions ,
Summary Judgment ,
TCPA
The Maryland Court of Appeals, the state’s highest appellate court, last week agreed to review an October 2015 Maryland Court of Special Appeals (MCSA) decision that illustrated how the bank partner structure used by many...more
Prior to the amendment, these calls would have been prohibited absent the recipient’s prior express consent if placed to a cellular telephone and if they were made by an automatic telephone dialing system or included an...more
As previously reported, the Federal Communications Commission recently approved a Declaratory Ruling and Order (the Order) addressing a number of petitions that requested the FCC clarify its interpretations of the Telephone...more
7/14/2015
/ Auto-Dialed Calls ,
Collection Agencies ,
Debt Collection ,
Declaratory Rulings ,
Exemptions ,
FCC ,
Financial Institutions ,
Healthcare ,
Prior Express Consent ,
Revocation ,
TCPA ,
Telemarketing ,
Text Messages
The U.S. District Court for the Middle District of Pennsylvania recently ruled that a debt collector did not violate the Fair Debt Collection Practices Act (FDCPA) because it failed to identify itself at the beginning of a...more
Yesterday, the Second Circuit held that a plaintiff did not provide his “prior express consent” under the federal Telephone Consumer Protection Act (TCPA) to automated calls to his cell phone when he gave his cell phone...more