Words matter, especially in debt collection communications. As a collector recently learned the hard way, debt collectors should attempt to use words precisely in order to comply with the Fair Debt Collections Practices Act.
In Hackler v. Tolteca Enterprises, Inc., plaintiff Sadie Hackler rented a home in Texas. After she moved out, her landlord charged
Constitutional challenges to the Telephone Consumer Protection Act may be coming to a head. In a series of rulings this year, courts around the country have struck down an exception to the TCPA’s prohibition against auto-dialed calls to cell phones. Several litigants have filed petitions asking the United States Supreme Court to review these decisions.
In recent years, courts nationwide have grappled with the statutory definition of an Automatic Telephone Dialing System (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”). While many courts have adhered to the statutory text by requiring a telephone to be capable of random or sequential number generation to qualify as an ATDS, other courts have