News & Analysis as of

Cell Phones Financial Institutions

Ballard Spahr LLP

FCC Denies TCPA Exemption for Mortgage Servicing Calls

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The Federal Communications Commission (FCC) has denied the petition filed by the Mortgage Bankers Association (MBA) seeking an exemption from the prior express consent requirement of the Telephone Consumer Protection Act...more

Ballard Spahr LLP

DC Circuit Hears TCPA Oral Arguments

Ballard Spahr LLP on

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

Burr & Forman

California Court Strikes Fail-Safe TCPA Class Definition

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Dixon v. Monterey Fin. Services, Inc., No. 15-cv-03298 (N.D. Cal. Aug. 22, 2016) - At issue before the Court was Plaintiff’s Amended Complaint, and Defendant’s second motion to strike class definition as a fail-safe...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

Robinson+Cole Data Privacy + Security Insider

Lyft and First National Bank notified of TCPA violations by FCC

Late last week, Lyft and First National Bank (FNB) were notified by the Federal Communications Commission (FCC) that they had violated the Telephone Consumer Protection Act (TCPA) when they required users to opt in to...more

Carlton Fields

6th Circuit Rules Prior Express Consent Defeats Mortgagor TCPA Claim Against Lender

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On August 21, the Cincinnati-based United States Court of Appeal for the Sixth Circuit issued its ruling in Hill v. Homeward Residential, Inc., 2015 WL 4978464 (6th Cir. August 21, 2015), and affirmed a jury verdict...more

Burr & Forman

Eleventh Circuit Addresses TCPA Again: Confirms Validity of 1992 FCC Ruling on “Prior Express Consent”

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It would be difficult to identify a federal circuit court of appeals that has released a larger number of influential consumer finance decisions in the last year than the Eleventh Circuit. And last week, the court continued...more

Carlton Fields

The FCC's TCPA Regulatory Ruling Imposes Tighter Call Restrictions

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Last month, the Federal Communications Commission (FCC) released a long awaited declaratory ruling and order, FCC 15-72, addressing several petitions which sought clarification of or exemptions from Telephone Consumer...more

Goodwin

Strong Dissents in the FCC’s New TCPA Order

Goodwin on

On July 10, 2015, the Federal Communications Commission (FCC) released its TCPA Omnibus Declaratory Ruling and Order. We wrote about this order on June 29, previewing the FCC’s focus on consumers’ ability to opt out of...more

Eversheds Sutherland (US) LLP

Call (Un)Answered (the Second Ring): FCC Issues Sweeping Package of Declaratory Rulings on TCPA Petitions

In some of its most comprehensive guidance published in years, resolving more than 20 petitions requesting clarification of the Telephone Consumer Protection Act (TCPA), the Federal Communications Commission (FCC) on July 10...more

King & Spalding

FCC Accepting Comments on ABA Petition to Exempt Data Breach Notification Requirements from the TCPA

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On November 6, 2014, the Federal Communications Commission (“FCC”) issued a Public Notice requesting comments on a petition by the American Bankers Association (“ABA”) to exempt informational calls and texts to mobile devices...more

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