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Debt Collection › Statutory Interpretation › Prior Express Consent

Holland & Knight LLP

Florida District Court Clarifies "Communicating With" Consumers via Email Under FDCPA and FCCPA

Holland & Knight LLP on

A recent summary judgment decision in Nina Quinn-Davis vs. TrueAccord Corp., Case No. 1:23-cv-23590-LEIBOWITZ/REID (S.D. Fla. Nov. 20, 2024), addresses core merits issues in Florida Consumer Collection Practices Act (FCCPA)...more

Bradley Arant Boult Cummings LLP

Eleventh Circuit Endorses Narrow Definition of TCPA Autodialer Creating Circuit Split

Bradley Arant Boult Cummings LLP on

On January 27, 2020, a federal court of appeals issued a significant decision interpreting the Telephone Consumer Protection Act (commonly referred to as the “TCPA”) in a way that limits the expansive potential liability...more

Womble Bond Dickinson

Eleventh Circuit Holds an ATDS Must Have Capacity to Randomly or Sequentially Generate Numbers

Womble Bond Dickinson on

The Eleventh Circuit has spoken on the interpretation of the automatic telephone dialing system (“ATDS”) definition, and held that to qualify as an ATDS a device must have the capacity to randomly or sequentially generate...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Agrees To Review The Constitutionality of the TCPA

Faegre Drinker Biddle & Reath LLP on

Given how often TCPA cases are filed—and how often they push the envelope of the statute’s scope and the courts’ jurisdiction—it should come as no surprise that the Supreme Court is often asked to bring some sanity to the...more

Faegre Drinker Biddle & Reath LLP

The First Amendment Battleground: SCOTUS Asked to Review Two Ninth Circuit Decisions on the Constitutionality of the TCPA

Faegre Drinker Biddle & Reath LLP on

In the span of fifteen days, TCPA defendants in two separate cases asked the U.S. Supreme Court to review two distinct but interwoven Ninth Circuit decisions on the constitutionality of the TCPA. Specifically, Facebook, Inc....more

Womble Bond Dickinson

Have You Heard?: Another ATDS Decision Out Today–This One Holding that Predictive Dialers Qualify Under the TCPA Even Without FCC...

Womble Bond Dickinson on

As soon as I posted the updated ATDS scorecard you knew it was bound to happen. And it did. A new monstrous ATDS decision. This one even more daring than the rest. In Heard v. Nationstar Mortg. Llc, Case No.:...more

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