In Anglin v. Merchants Credit Corporation, No. 2:18-cv-507-BJR, 2020 WL 4000966 (W.D. Wash. July 15, 2020), United States District Judge Barbara Jacobs Rothstein held that the defendants did not violate the Fair Debt Collection Practices Act (“FDCPA”) by failing to follow state procedural rules in obtaining a writ of garnishment as part of
Today, the Supreme Court granted certiorari in Duguid v. Facebook to decide, once and for all, whether an automatic telephone dialing system (ATDS), as the Telephone Consumer Protection Act (TCPA) defines the phrase, requires random or sequential number generation. The case will be argued before the Court in the October 2020 Term.
Background
In its
The United States Supreme Court issued its much-awaited decision in Barr v. American Association of Political Consultants on Monday, July 6, striking down the government-backed debt exemption in the Telephone Consumer Protection Act (TCPA). The Court did not go so far as to invalidate the TCPA as a whole, however, finding instead that the unconstitutional
The Federal Communications Commission (FCC) issued a noteworthy order on June 25, 2020, in its continuing interpretation of the Telephone Consumer Protection Act (TCPA). In its order, the FCC confirmed many courts’ existing interpretation of the TCPA, noting that any text platform that requires manual entry of telephone numbers and manual launching of texts on
In Alcivar v. Enhanced Recovery Company, the United States District Court for the Eastern District of New York awarded nearly $37,000 in attorneys’ fees and costs to a debt collection agency over a Fair Debt Collection Practices Act claim that the plaintiff’s attorneys brought in bad faith.
Plaintiff Imelda Alcivar owed approximately $1,100 on
A judge in the United States District Court for the Eastern District of California last week established a limit to what constitutes “reasonable means” for a consumer to revoke his or her consent to be contacted by lenders under the Telephone Consumer Protection Act. Granting defendants’ motion for summary judgment in Wright v. USAA
The United States Court of Appeals for the Ninth Circuit recently issued two decisions regarding requirements under the Fair Credit Reporting Act for employers who wish to run background checks on potential or current employees. These decisions should prompt employers to take a look at their current background check disclosure and authorization forms to assess
On March 30, several financial service providers filed a petition with the Federal Communications Commission asking for clarification on the Telephone Consumer Protection Act’s emergency purposes exception in the context of the coronavirus (“COVID-19”). The comment period on that petition closed this week, with a further reply date of May 21, 2020. This follows the
On April 20, the Indiana Supreme Court issued a published order protecting coronavirus stimulus checks from court orders placing a hold on, attaching, or garnishing funds attributable to a stimulus payment. The order is available here.
Six days earlier, four entities had petitioned the Indiana Supreme Court to act under its emergency rulemaking authority
On Wednesday, April 15, the Supreme Court of the United States announced its schedule for the cases to be argued by telephone, including Barr v. American Association of Political Consultants. The Court will hear oral argument on Wednesday, May 6, with Barr the second of two cases to be heard on the Court’s