News & Analysis as of

Telephone Consumer Protection Act Statute of Limitations

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Carlton Fields

Florida Appeals Court Decisions Week of January 27 - 31, 2025

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U.S. Eleventh Circuit Court of Appeals - Guevara v. Lafise - FLSA - Turner v. US Att’y Gen - immigration, derivative citizenship - USA v. Webster - statute of limitations, tolling by filing information - Insurance...more

McGlinchey Stafford

Litigation Byte (December Edition)

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Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business....more

Perkins Coie

Illinois Supreme Court Affirms BIPA Lawsuits Are Covered by GL Policies

Perkins Coie on

The deluge of lawsuits brought under the Illinois Biometric Information Privacy Act (BIPA), 740 ILCS 14 et seq. over the past several years has presented a challenge to companies operating in Illinois. Not surprisingly,...more

Goodwin

Louisiana District Court Finds TCPA Robocall Prohibition Unconstitutional Prior to July 2020

Goodwin on

On September 28, 2020, Judge Martin C. Feldman of the United States District Court for the Eastern District of Louisiana issued an important decision that could impact Telephone Consumer Protection Act (TCPA) litigation...more

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights – May 2020

Consumer Law Hinsights is a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies....more

Goodwin

FCC to Stop Warning Illegal Robocallers Before Issuing Penalties

Goodwin on

To enhance consumer protections against illegal robocalls, on May 1, 2020, the Federal Communications Commission (FCC) issued an Order (Order) amending 47 CFR § 1.80 (Section 1.80) of its Telephone Consumer Protection Act...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending March 20, 2020

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Real Property Update - Foreclosure / Surplus: Purchaser of real property per an agreement for deed was not the record owner and could not claim foreclosure sale surplus – Corey v. Neuffer, No. 2D19-1083 (Fla. 2d DCA Mar....more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 7, 2020

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Real Property Update - Fraudulent Transfer: Real property that was worth less than mortgage encumbering it was not an asset per the plain language of section 726.102(2) and, therefore, could not support fraudulent transfer...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending January 31, 2020

Carlton Fields on

Real Property Update - HOA / Contracts: Trial court erred by entering a post-judgment enforcement order requiring the association to assign its riparian rights to plaintiff pursuant to an enforceable settlement agreement,...more

Eversheds Sutherland (US) LLP

Redial: 2019 TCPA Year-in-Review - Analysis of critical issues and trends in TCPA compliance and litigation

Eversheds Sutherland is pleased to send you its sixth annual REDIAL: 2019 TCPA YEAR-IN-REVIEW – ANALYSIS OF CRITICAL ISSUES AND TRENDS IN TCPA COMPLIANCE AND LITIGATION. Inside this digital edition, you will find our in-depth...more

Hinshaw & Culbertson LLP

Consumer Law Hinsights – January 2020

Welcome to Consumer Law Hinsights?a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies. ...more

Womble Bond Dickinson

TRACED Act Poised to Become Law. Stepped Up Enforcement Efforts Against Illegal Robocalls and Text Messages Anticipated

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The Senate has voted to adopt the Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act (S 151), with modifications that were negotiated between the House and Senate. The House adopted the legislation...more

Faegre Drinker Biddle & Reath LLP

Legislation Looking Likely on a Number of TCPA “Hot-Button” Issues

Senate Bill 151, now called “the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act” (the “TRACED Act”), has been reconciled with the House of Representatives’ bipartisan bill House Bill 3375 and...more

Faegre Drinker Biddle & Reath LLP

Federal Court Reverses Course and Decertifies the Settlement Class

After preliminarily approving a TCPA settlement arising out of allegedly unsolicited faxes, the Middle District of Florida recently reversed course and rejected the settlement in light of the Eleventh Circuit’s finding that...more

Holland & Knight LLP

BIPA Update: Class Actions on the Rise in Illinois Courts

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• Cases brought under the Illinois Biometric Information Privacy Act (BIPA) continue to multiply. • Although BIPA was enacted in 2008, a decision by the Illinois Supreme Court in January 2019 held that an individual does...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending June 28, 2019

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Real Property Update - Foreclosure / Res Judicata: res judicata did not apply where later foreclosure action was based on different period of default than the prior action on same loan - Bullock v. Bayview Loan Servicing,...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending June 21, 2019

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Real Property Update - Mortgagee Liability: because section 701.04(1)(a), Florida Statutes, requires that the holder of a mortgage deliver to the mortgagor a written estoppel letter setting forth the unpaid balance of the...more

Dorsey & Whitney LLP

The Supreme Court - June 20, 2019

Dorsey & Whitney LLP on

The Supreme Court of the United States issued four decisions:   PDR Network, LLC v. Carlton Harris Chiropractic, Inc., No. 17-1705: Petitioner PDR produces the Physicians’ Desk Reference, which is distributed to health...more

Troutman Pepper Locke

A Pivotal Ruling for Appellate Arbitration Award Enforcement

Troutman Pepper Locke on

In 2008, the U.S. Supreme Court in Hall Street Associates LLC v. Mattel Inc. determined that parties may not contractually agree to expand judicial review of arbitral awards beyond the grounds set forth in the Federal...more

Womble Bond Dickinson

Senate Passes TRACED Act To Enhance TCPA Enforcement Power

Womble Bond Dickinson on

On May 23, 2019, the U.S. Senate approved the Telephone Robocall Abuse Criminal Enforcement and Deterrence (“TRACED”) Act by an overwhelming 97-1 vote. Senator Rand Paul (R-Ky.) was the only senator to vote against the bill....more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending May 17, 2019

Carlton Fields on

Real Property Update - Sanctions / Dismissal: trial court abused discretion in dismissing bank’s foreclosure action; record established bank complied with discovery orders on which the motion for dismissal/sanctions was...more

Carlton Fields

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

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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

Carlton Fields

Financial Services & Title Insurance Update: Week Ending March 22, 2019

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Financial Services Update - FDCPA / definition of "debt collector": law firm carrying out a nonjudicial foreclosure action not a debt collector because the primary definition of a "debt collector" under sec. 1692a does not...more

Vedder Price

TCPA Case Law Review (Vol. 6)

Vedder Price on

As 2018 comes to a close, there is no sign that the development of TCPA case law will be slowing any time soon. Since our last report in October, we have reviewed at least 75 new decisions discussing the TCPA in one way or...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending November 23, 2018

Carlton Fields on

Real Property Update - Reverse Mortgage / Statute of Limitations: as a matter of first impression, statute of limitations for enforcing reverse mortgage begins on date the note matures, notwithstanding earlier-death of...more

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