On March 12, Judge Eldon E. Fallon of the U.S. District Court for the Eastern District of Louisiana tossed a plaintiff’s putative class action lawsuit against the American Heart Association (“AHA”), Anthem Foundation, Inc., and Anthem, Inc. under the Telephone Consumer Protection Act relating to text messages sent to a consumer following her
Please join us on Tuesday, March 20th from 3:30 – 5:00 ET, as Troutman lawyers who have been on the front lines offer their take on the implications for litigation and compliance arising from the new appeals decision regarding the scope of the Telephone Consumer Protection Act (TCPA).
On March 16, 2018, the U.S.
The D.C. Circuit answered months of speculation on Friday, March 16, 2018, when it finally issued its decision in ACA International v. Federal Communications Commission (15-1211). The decision is largely seen as a major win for defendants in Telephone Consumer Protection Act (“TCPA”) lawsuits, as the D.C. Circuit struck down key portions of the
n a ruling that could have major implications for patient outreach by the health care industry, on January 22, 2018, the Northern District of Ohio held that prescription reminder calls are exempted from liability under the Telephone Consumer Protection Act’s (TCPA) “emergency purposes” exception. If this ruling is followed by other courts, the long-term effect
On November 21, the United States District Court for the Northern District of Illinois granted preliminary approval of a proposed $600,000 settlement of a class action lawsuit filed by a consumer against M3 Financial Services, Inc., an Illinois-based health care debt collector. The lawsuit, styled Elaine Mason et al. v. M3 Financial Services Inc.,
A Texas-based payment processor agreed on November 1 to pay $9 million to settle a putative class action brought under the Telephone Consumer Protection Act in the United States District Court for the Northern District of California. According to the plaintiffs, Pivotal Payments, Inc. failed to ensure that a third party it hired to make
In the past several years, Dish Network, LLC has found itself a target of several class actions for violations of the Telephone Consumer Protection Act. Earlier this year, a jury found Dish Network liable for TCPA violations arising from telemarketing calls. The North Carolina District Court trebled the jury verdict, resulting in a $61 million
Lawsuits under the Telephone Consumer Protection Act (TCPA) have become the second most common form of consumer protection claim brought in federal court. Many of these lawsuits are premised on the idea that a consumer has the absolute right to revoke previously given consent to receive calls. A calling party could be subject to statutory
On June 12, 2017, the United States Supreme Court rendered a unanimous decision holding that a company collecting debts that it purchased for its own account does not meet the statutory definition of “debt collector” under the Fair Debt Collection Practices Act (FDCPA) because the debts are no longer “owed or due another.” We previously
We are pleased to announce that Troutman Sanders partners David Anthony and Chad Fuller will be a featured speaker at the 2017 ACA International Convention & Expo in Seattle at the Washington State Convention Center on July 16-18.
David will discuss “Debt Collection Litigation Management Best Practices,” where he will focus on litigation management best