The United States Supreme Court has agreed to consider a challenge to the constitutionality of the Telephone Consumer Protection Act (TCPA). On Friday, January 10, 2020, the Supreme Court issued orders from the justices’ conference, which included an order for oral argument in Barr v. American Association of Political Consultants – a case involving a
Judge Cecilia M. Altonaga of the Southern District of Florida started the New Year by granting a motion to stay a pending Telephone Consumer Protection Act case, Barnes, et al. v. CS Marketing LLC, et al.
In Barnes, the plaintiffs allege that the defendants are vicariously liable for telemarketing calls placed to them
On December 12, the Tenth Circuit upheld a district court’s denial of a motion for leave to file an untimely appeal. The ruling offers poignant punctuality lessons to attorneys nationwide.
The case concerned plaintiff Emily Boscoe Chung’s allegations that defendant Timothy J. Lamb violated the Fair Debt Collection Practices Act. Three years into litigation, Chung’s
On December 18, the Federal Trade Commission approved a settlement of claims against Alexander Nix, the former CEO of Cambridge Analytica, LLC, and Aleksandr Kogan, an app developer who worked with the company, regarding their roles in allegedly deceiving consumers in order to collect personal information for voter profiling and targeting.
The FTC’s complaint claimed
Consent and revocation of consent are the mainstay issues in Telephone Consumer Protection Act litigation. On December 11, the United States District Court for the Southern District of Georgia reminded litigants of the requirements to assert a claim under the TCPA.
In Oatman v. Augusta Collection Agency, plaintiff Junior Oatman sued collection company Augusta
Today, in Rotkiske v. Klemm et al., case number 18-328, the Supreme Court of the United States confirmed the one-year time limit for filing a Fair Debt Collection Practices Act (FDCPA) suit generally begins to run when the alleged violation occurs, not when it is discovered.
Citing the FDCPA’s statutory provision that claims
Days before Thanksgiving, the Federal Trade Commission secured a $3.15 million judgment against a telemarketing company that “defrauded financially distressed consumers throughout the United States by selling them bogus credit-card interest-rate-reduction services.”
In late 2017, the FTC brought claims against Higher Goals Marketing LLC (“HGM”) and multiple other defendants, alleging that the company violated Section
On November 20, the Consumer Financial Protection Bureau announced that it is seeking public comments on the TRID Integrated Disclosure Rule, otherwise known as the “TILA-RESPA Integrated Disclosure” (“TRID Rule”) in accordance with Section 1022(d) of the Dodd-Frank Act. The TRID Rule implemented the Dodd-Frank Act’s directive to combine certain mortgage disclosures that consumers receive
Trina Davis brought both individual and putative class claims against Einstein Noah Restaurant Group, Inc. (herein “Einstein”), the parent company of popular bagel chain Noah’s Bagels, and Caribou Coffee Company, Inc. She alleged the companies violated the Fair Credit Reporting Act and related California statutes, arguing the consumer report disclosure form she signed to complete
On October 28, the parties to a Telephone Consumer Protection Act class action lawsuit pending in the Southern District of Florida reached a $6 million settlement. The settlement agreement resolves the lawsuit filed by Brian Keim against Pizza Hut, LLC and multiple franchisees in which Keim alleged that he and a class of individuals