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Introducing the Consumer Financial Services Year in Review Series: A Look at What’s to Come — The Consumer Finance Podcast
TCPA Trends: 2024 Year-in-Review and 2025 Predictions — The Consumer Finance Podcast
Ad Law Tool Kit Show – Episode 12 – Telemarketing and Texting
Consumer Finance Monitor Podcast Episode: Telephone Consumer Protection Act Update: Developments Impacting Consent and Lead Generation
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Eleventh Circuit Grants en banc Review to Resolve Controversial TCPA Standing Ruling
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2022 Year in Review and Look Ahead Crossover With The Consumer Finance Podcast - FCRA Focus
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An Inside Look as a Juror - FCRA Focus Podcast
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CF on Cyber: An Update on the Changes to the Florida Telemarketing Act
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PODCAST: Williams Mullen's Trending Now: An IP Podcast - Telecommunication Consumer Protection Act (TCPA): Update and Practical Guidance
Discussing the Telephone Consumer Protection Act (TCPA) and the 2020 Election
Top 5 Cybersecurity and Privacy Developments of 2018 and Their Insurance Implications
We are pleased to present our latest edition of Telephone and Texting Compliance News, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this month’s Regulatory Update, we cover an FCC...more
Depending on whether you’re a glass-half-full or glass-half-empty kind of person, plaintiff and defendant both won or both lost when a judge in the Northern District of Illinois recently denied in one fell swoop both the...more
In Career Counseling, Inc. v. Amerifactors Financial Group, LLC, the U.S. Court of Appeals for the Fourth Circuit upheld a district court’s decision denying class certification in a Telephone Consumer Protection Act (TCPA)...more
Earlier this month, the U.S. District Court for the Southern District of Ohio clarified that a TCPA defendant need not maintain an internal do-not-call list and policies in order to invoke the “established business...more
The Seventh Circuit last week affirmed its holding in Gadelhak v. AT&T Services, Inc., 950 F.3d 458 (7th Cir. 2020) that, to qualify as an “automatic telephone dialing system” (ATDS) under the TCPA, a device or calling system...more
Periodically, Nexsen Pruet member Marc Manos, a member of the SC Bar Torts and Insurance Practice Section Council, sheds light on a few recent cases from the Fourth Circuit Court of Appeals, focused in the areas of tort &...more
The Eleventh Circuit in Glasser v. Hilton Grand Vacations Co., LLC recently confirmed that the definition of Automatic Telephone Dialing System (ATDS) is narrow, holding that to qualify a dialer must both have the capacity to...more
In a decision released on February 19 that relied principally on rules of grammar, the Seventh Circuit held that to be an ATDS under the TCPA, a device must be capable of storing or producing telephone numbers using a random...more
The Telephone Consumer Protection Act case law interpreting the definition of an “automatic telephone dialing system” (“ATDS”) is changing under plaintiffs’ feet and coalescing against the definition set forth in Marks v....more
As we previously discussed, the need for clarification as to the TCPA’s treatment of outbound calls made using soundboard technology (“soundboard calls”) is particularly manifest in light of two pending petitions before the...more
Recently, the Sixth Circuit in Gary v. Trueblue, Inc., No. 18-2281, 2019 U.S. App. LEXIS 26959 (6th Cir. Sep. 5, 2019), weighed in on the meaning of Automatic Telephone Dialing System (“ATDS”) under the Telephone Consumer...more
In Gary v. Trueblue, Inc., 346 F.Supp.3d 1040 (E.D. Mich. Oct. 11, 2018), the court granted the Defendant’s motion for summary judgment on the basis that Plaintiff failed to establish the Defendant’s dialing system had the...more
Consent is the most powerful weapon companies have against TCPA liability, and a recent Eleventh Circuit opinion illustrates how. In Gorss Motels, Inc. v. Safemark Systems, L.P., the Eleventh Circuit affirmed summary judgment...more
The Court of Appeals for the First Circuit reversed a summary judgment granted in favor of Verizon, by concluding that a “hybrid” telephone number using both VoIP and voice wireless services must be considered “assigned to a…...more
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
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
In a recently published decision, a federal court granted student loan processor Navient’s motion for summary judgment, concluding that a statutory exception that makes calls solely to collect a debt owed to or guaranteed by...more
On November 13, 2018, the District of Minnesota rejected the Ninth Circuit’s expansive interpretation of the Telephone Consumer Protection Act’s (TCPA’s) automatic telephone dialing system (ATDS) provision in Marks v. Crunch...more
Late last week, a District Court in the Northern District of Illinois reconsidered a ruling it made back in 2014 denying Yahoo!’s summary judgment motion, and granted the motion in light of ACA Int’l. Johnson v. Yahoo!, Inc.,...more
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
Whether and in what form a consumer has given consent to be contacted via an automatic telephone dialing system (ATDS) may be a crucial aspect of determining liability under the Telephone Consumer Protection Act (TCPA)....more
Even under Marks, a manually-dialed call remains excluded from the TCPA, at least according to a new decision out yesterday. The District Court in Hatuey v. Ic Sys., No. 1:16-cv-12542-DPW, 2018 U.S. Dist. LEXIS 193713 (D....more
As of yesterday, the “Good Reyes” contractual consent decision in Tina Few v. Receivables Performance Management out of the Northern District of Alabama has officially been reconsidered and reversed. Cue the sad trombone. As...more
Hold on to your britches everyone. A court in the District of Minnesota just issued a summary judgment ruling with two first-in-the-nation holdings. The first, that the Third Circuit’s holding in Dominguez and the Second...more
As the Telephone Consumer Protection Act (“TCPA”) case law surrounding automated telephone dialing system,s (“ATDS”) continues to emerge, a noticeable distinction seems to be developing between cases analyzing “automated”...more