Exemptions, Summary Judgment

Fourth Circuit Strikes Down TCPA Exemption for Collection of Government Debt, Putting Loan Servicers and Debt Collectors at Risk

Bradley Arant Boult Cummings LLP on 5/1/2019

A recent decision by a panel of the United States Court of Appeals for the Fourth Circuit interpreting the Telephone Consumer Protection Act (TCPA) has significant – and possibly costly – implications for loan servicers and...more

Government Benefit: Navient Wins Summary Judgment Based on Finding That Calls to Collect Government-Backed Debt are Exempted Under...

Womble Bond Dickinson on 12/3/2018

A great decision for Navient Solutions came down yesterday out of the Northern District of Alabama in Green v. Solutions, No. 1:17-CV-1453-VEH, 2018 U.S. Dist. LEXIS 201906 (N.D. Ala. Nov. 29, 2018). Navient Solutions had its...more

Facing the Music: Consent Granted When Consumer Voluntarily Provides Phone Number Limited by “Transactional Context”

Womble Bond Dickinson on 5/31/2018

The prior express consent granted when a consumer voluntarily provides their phone number has its limits. The recent ruling denying summary judgment in Walintukan v. SBE Entm’t Grp. LLC 2018 U.S. Dist. LEXIS 88036 (N.D. Cal....more

10th Circuit Finds Employee Who Only Worked in Colorado Falls Under State MCA Exemption

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/16/2017

In a recent ruling, the Tenth Circuit Court of Appeals affirmed a district court’s order granting summary judgment in which the district court held that an employee may be exempt from overtime under Colorado’s motor carrier...more

Rite Aid Wins Summary Judgment in TCPA Action Involving Prerecorded, Automated Call for Flu Shot Reminder

Womble Bond Dickinson on 4/28/2017

In an outright win for pharmacies, the U.S. District Court for the Southern District of New York, in the attached opinion, granted Rite Aid’s motion for summary judgment in a class action alleging violations of the TCPA....more

Class Action TCPA Case Dismissed Because Calls Were Made Solely To Collect a Debt Owed To Or Guaranteed By The United States

Foley & Lardner LLP on 4/14/2016

The Pennsylvania Higher Education Assistance Agency autodialed student debtor, Neil Silver, in January 2014 in an effort to collect on student debt. Silver claimed that these calls were made without his consent, and therefore...more

TCPA Connect - October 2015

Manatt, Phelps & Phillips, LLP on 10/20/2015

After FCC Citation for TCPA Violations, Lyft Changes Terms of Service - Less than a week after the Federal Communications Commission cited Lyft for violating the Telephone Consumer Protection Act by requiring customers...more

Exemptions › Summary Judgment