The United States Supreme Court has granted certiorari to a Telephone Consumer Protection Act (TCPA) case that could fundamentally shape the interpretation of one of the most litigated statutes in America. Its November 13, 2018, certiorari grant means that the Supreme Court should decide whether the Federal Communications Commission (FCC) or the courts will dominate
The U.S. Supreme Court has granted a petition by a healthcare company to consider whether courts must give deference to the FCC’s legal interpretation of the Telephone Consumer Protection Act.
The dispute in this case arises from an unsolicited fax transmission received by Carlton & Harris Chiropractic, which offered a free e-book. The company
The Eleventh Circuit recently held that consumers were properly compelled to arbitration, and a putative class action was properly dismissed based on an arbitration provision and class action waiver conspicuously appearing on the product’s packaging.
In Dye v. Tamko Building Products, Inc., homeowners filed a class action complaint against Tamko, alleging that the company’s
As America’s check collection system continues to move away from being paper-based, the Federal Reserve Board is updating the liability provisions of Regulation CC to reflect this reality. After receiving comments on its proposed rule from financial institutions, trade associations, clearinghouses, and others, the Board published a final rule that amends Subpart C of Regulation
On October 31, the Supreme Court heard oral argument in Frank v. Gaos (No. 17-961), a case challenging the use and limits of cy pres deals in class action lawsuits.
Cy pres disbursements, which distribute unclaimed settlement proceeds to certain designated organizations when such funds cannot be feasibly distributed to class members, have been a
A district court in Wisconsin amplified the uncertainty facing TCPA litigants in the Seventh Circuit by holding that a predictive dialer constitutes an automatic telephone dialing system (“ATDS”), even if the device does not place random or sequentially dialed numbers. In denying the defendant’s motion to dismiss, the court applied the ATDS definition
The Seventh Circuit Court of Appeals has affirmed summary judgment in a recent Fair Debt Collection Practices Act case where the plaintiff alleged that a repossession company demanded payment before she would be allowed to recover personal property left in the vehicle. The Court held that the plaintiff’s testimony did not create a
The District Court for the Middle District of Florida recently added to TCPA case law concerning the level of human intervention required to defeat claimed use of an automatic telephone dialing system, or “ATDS,” in a TCPA lawsuit. In Gaza v. Auto Glass America, LLC, Case No. 8:17-cv-01811, Doc. No. 42 (M.D.
Earlier this week, InsideArm identified a subtle change to the Massachusetts Attorney General’s website that may reflect an unannounced change in the regulations governing third-party collection agencies in Massachusetts. The Massachusetts Attorney General’s website now indicates the following:
The Attorney General has issued debt collection regulations that establish standards by defining unfair and deceptive acts
The Federal Trade Commission proposed a rule requiring consumer reporting agencies to provide free credit monitoring service to active duty military members that would electronically notify these consumers of “material” changes to their file within 24 hours. The deadline to submit comments on the proposed rule is January 7, 2019.
The proposed rule implements the
