On February 17, the Court in United States of America v. Dish Network, LLC reconsidered a portion of its opinion granting partial summary judgment for the United States for tens of millions of calls made by Dish Network in violation of state and federal telemarketing laws. The Court found that it erred by determining liability
Court Finds Group Texting Requires Human Intervention, Does Not Violate TCPA
In a recent decision applying established Telephone Consumer Protection Act law to the developing text application market, the U.S. District Court for the Northern District of California found in Glauser v. GroupMe, Inc. that group texts did not violate the TCPA because they required human intervention. Specifically, the court found that the “welcome texts” –
ACI’s 22nd National Forum on Consumer Finance Class Actions & Litigation
Join us at the American Conference Institute’s 22nd National Forum on Consumer Finance Class Actions & Litigation. Two full days of expert strategies for in-house and outside counsel on navigating class actions, litigation, and government enforcement actions in the consumer finance industry.
April 13 – 14, 2015; Omni Los Angeles Hotel at California Plaza
California Court of Appeal Rejects Substantial Compliance Defense
Automotive sales and finance companies often are sued in California under either the Auto Sales Finance Act (“ASFA”) or the Vehicle Leasing Act (“VLA”). Occasionally, these cases raise claims involving sizeable actual damages, but more often than not, they rest on purely technical disclosure violations or other violations that produced little or no actual or
Court Approves Settlement Between New York Department of Financial Services and Auto Lender
A settlement between the New York Department of Financial Services and automotive lender Condor Capital Corp., as well as Condor’s owner, Stephen Barron, was approved this week by the United States District Court for the Southern District of New York. The settlement will result in total payments to the State and consumers of up to
Dish Network Gets Served: An Illinois Court Finds Massive Exposure for Violations of Telemarketing and Do-Not-Call Restrictions
On December 12, 2014, an Illinois federal judge found Dish Network LLC liable for participating in millions of unwanted telemarketing sales calls, where Dish Network could be subject to penalties exceeding $1 billion. Specifically, the District Court for the Central District of Illinois issued an opinion in United States of America v. Dish Network LLC
Ohio Court Holds That Cell Phone Subscriber Who Never Received Unwanted Call Has Standing to Sue Under the TCPA
In the latest of a series of “whodunit” cases, the United States District Court for the Southern District of Ohio held that a subscriber who did not answer a single call that allegedly violated the Telephone Consumer Protection Act still had standing to sue under the statute. In Maraan v. Dish Network LLC (Civil Action
In the Technology Age, Video Could Become the New Audio
Many consumers have heard of the Telephone Consumer Protection Act (TCPA), the statute that prevents a company from autodialing a consumer’s cell phone without his or her prior express consent. Less well know is the Video Privacy Protection Act (VPPA), a statute that prohibits “video tape service providers” from knowingly disclosing consumers’ personally identifiable information.
The TCPA Balance Shifts: The Eleventh Circuit Decision in Mais is Extremely Favorable for Collectors
On September 29, the Eleventh Circuit issued its highly anticipated decision in Mais v. Gulf Coast Collection Bureau, Inc., overturning the district court’s prior holding and providing defense-favorable law on prior express consent. The decision was in response to an unprecedented May 2013 ruling by the U.S. District Court for the Southern District of
Auto Finance Summit 2014 – October 6-8 – Las Vegas
The annual Auto Finance Summit is quickly approaching and their roster and agenda look superb. AutoFinanceSummit.com describes this year’s event:
“Sharing insights and innovations make it more than the industry’s premier event, it’s your annual opportunity to meet, network and learn from the best. This conference has grown into the “can’t miss” event of the