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Creditors Telephone Consumer Protection Act

McGlinchey Stafford

Litigation Byte (July Edition)

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The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more

McGlinchey Stafford

Litigation Byte (June Edition)

McGlinchey Stafford on

The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...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

McGlinchey Stafford

Is One Text Message Enough? - McGlinchey Commercial Law Bulletin - July 31, 2023

McGlinchey Stafford on

Vacating an Arbitration Award- The Bullet Point: Ohio’s Arbitration Act strongly favors arbitration. Because of this, Ohio’s Arbitration Act limits the jurisdiction of a court once an arbitration has been conducted. It also...more

Goodwin

2021 Year in Review: Consumer Finance

Goodwin on

[co-authors: Amelie Hopkins, and Collin Grier] The year 2021 started with the hope of COVID-19 vaccines and a return to (relative) normalcy, only to conclude with new variants that presented new challenges and extended...more

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights – April 2020

Welcome to Consumer Law Hinsights?a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies. This edition highlights our interactive COVID-19...more

Manatt, Phelps & Phillips, LLP

Possibility of Vicarious Liability for Lenders in Ninth Circuit

In another case involving agency liability, the U.S. Court of Appeals for the Ninth Circuit ruled that while the owner of a student debt is not per se liable for violations committed by a loan servicer it engages, it may be...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending April 26, 2019

Carlton Fields on

Real Property Update - • Foreclosure / Reverse Mortgage / Condition Precedent: bank failed to establish that the subject property was not the principal residence of surviving co-borrower under its reverse mortgage, a...more

Dorsey & Whitney LLP

Missed Calls Don’t Cut It: Injury in Fact is Required for Each Call and Must Be Traceable to the Use of an ATDS

Dorsey & Whitney LLP on

In the latest dismissal of a TCPA case for lack of Article III standing, a District Court in California held that a plaintiff does not suffer an injury in fact from calls she did not hear, calls she heard but did not answer,...more

Dorsey & Whitney LLP

Dorsey TCPA Team Earns the Country’s First Post-Spokeo Dismissal of a TCPA Case for Lack of Article III Standing

Dorsey & Whitney LLP on

Dorsey’s TCPA litigation team continues to thrive on the cutting edge. In a first of its kind ruling, a Pennsylvania District Court ruled today that plaintiffs who manufacture Telephone Consumer Protection Act (“TCPA”)...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

BakerHostetler

Sixth Circuit Rules on New TCPA Limitations

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On Friday, the Sixth Circuit declared that a debtor who provides a cellphone number to a creditor has consented to receiving calls, and the creditor does not violate the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. §...more

Morrison & Foerster LLP

Financial Services Report, Summer 2015

In This Issue: - Arbitration Report - Beltway Report - Bureau Report - Mobile & Emerging Payments Report - Mortgage & Fair Lending Report - Operations Report - Preemption Report -...more

Carlton Fields

Expect Focus - Regulators Are Watching: New Products, New Opportunities, New Risks - Volume III, Summer 2014

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In This Issue: - IN THE SPOTLIGHT ..Standard CGL Policy Form Adds Data Breach Coverage Exclusion - LIFE INSURANCE ..Class Claims Against Lincoln National Barred in Section 419 Action – Again ...more

Foley & Lardner LLP

Eleventh Circuit Further Muddies the Waters for Collectors

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The Telephone Consumer Protection Act’s safe harbor for calls made with the prior express consent of the called party is destroyed the moment the debtor says, “Stop calling me!” So too, a collector can be liable for...more

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