Applying the definition of an automatic telephone dialing system required by the recent Eleventh Circuit decision Glasser v. Hilton Grand Vacations Co., LLC, Judge Charlene Honeywell from the United States District Court for the Middle District of Florida held in Northrup v. Innovative Health Ins. Partners, LLC, et al., that the Twilio
Ever steadfast in its mission to provide market transparency, this month the Financial Industry Regulatory Authority, Inc. announced the launch of a “targeted examination” of the sales practices of investment firms that claim to charge “zero commissions” on client trades, and “the impact that not charging commissions has or will have on the [f]irms’ order
On February 27, 2020, the United States Court of Appeals for the Ninth Circuit issued its decision in Ramirez v. TransUnion LLC, a class-action case watched closely by consumer reporting agencies and other persons regulated by the Fair Credit Reporting Act (“FCRA”). In Ramirez, the Court held for the first time that all
In Meier v. Allied Interstate, LLC, Judge Gonzalo P. Curial found that while LiveVox HCI could store numbers as required by the Telephone Consumer Protection Act, because each call required human intervention, it did not qualify as an automatic telephone dialing system within the definition of the TCPA.
Plaintiff Richard Meier brought an action
In Alston v. Orion Portfolio Servs., LLC, the United States District Court for the District of Maryland ordered a pro se plaintiff to pay nearly $15,000 in legal fees incurred by the defendants in defending a frivolous claim asserted under the Fair Debt Collections Practices Act.
This case concerns and alleged debt of $1,391
In Johnson v. Comodo Group, the United States District Court for the District of New Jersey denied the defendant’s motion for summary judgment on two key issues in a claim asserting violations of the Telephone Consumer Protection Act, finding that a predictive dialer qualifies as an automatic telephone dialing system under the statute and
In Allen v. Credit Collection Services, the United States District Court for the Eastern District of California recently ruled that a Fair Debt Collection Practices Act plaintiff’s vague, self-serving testimony of oral revocation was insufficient to trump a debt collector’s detailed call records that contained no evidence of revocation. The court’s decision illustrates the
Please join Troutman Sanders attorney’s David Anthony, Tim St. George, and Scott Kelly for the complimentary webinar, “2019 in Review: Key Developments for Background Screeners and Companies Subject to the FCRA” on March 4th from 3-4 pm ET.
Lawsuits alleging violations of the Fair Credit Reporting Act (“FCRA”), including background-check related litigation, have
Plaintiff Amanda Groettum may be alive and well, but in Groettum v. Kohl’s Department Stores, Inc., the United States District Court for the District of Minnesota laid to rest her claims under Minnesota’s credit defamation laws and any contention that the Fair Credit Reporting Act’s two preemption provisions are in conflict.
In her complaint,
On Friday, the Consumer Financial Protection Bureau (CFPB) published a supplement to its Spring 2019 notice of proposed rulemaking on third-party debt collection. The proposed supplemental rule addresses the collection of time-barred debt, which is debt that has run past any applicable statute of limitations.
Specifically, the proposed supplemental rule requires debt collectors to make