In recent years, courts nationwide have grappled with the statutory definition of an Automatic Telephone Dialing System (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”). While many courts have adhered to the statutory text by requiring a telephone to be capable of random or sequential number generation to qualify as an ATDS, other courts have
Troutman Sanders attorneys David Anthony, Virginia Flynn, Alan Wingfield, and Chad Fuller will be hosting a Webinar titled, “A Glimmer of Light: An Update on Key TCPA Developments” on November 19th, 2019 from 3:00pm – 4:00pm EST.
The webinar will be discussing recent opinions from various courts around the country on key
We are pleased to announce that Troutman Sanders attorney David Anthony will be hosting a Receivables Managements Association International (RMAI) Webinar titled, “State Law Licensure Issues Affecting Debt Collectors” on December 11th, 2019 at 9am PST. Join David for a review of the critical role of state licensing in the debt collection industry.
This webinar
Recently, the Consumer Financial Protection Bureau, along with the states of Minnesota, North Carolina, and California, filed a lawsuit in California federal court against a student loan debt-relief operation. The CFPB alleges that the companies charged over $71 million in unlawful advance fees in connection with the marketing and sale of student loan debt-relief services
On November 4, the Second Circuit Court of Appeals in Dow v. Frontline Asset Strategies affirmed the September 24, 2018 Order of the United States District Court for the Eastern District of New York, which granted defendant Frontline’s motion for judgment on the pleadings. In its opinion, the Court reiterated its prior ruling from Taylor
The Illinois Biometric Information Privacy Act is not preempted by federal statutes that regulate rail or ground transportation, a federal district court has ruled. The recent ruling was issued in Richard Rogers v. BNSF Railway Company, No. 19-cv-3083 (N.D. Ill. Oct. 31, 2019), a BIPA class action filed by Rogers, a truck
The California Department of Business Oversight (“DBO”) on October 25 published a regulatory proposal to “modernize” the California Financing Law (“CFL”) licensing process. To do so, the DBO proposed amending existing licensing rules to transition all licensees onto the Nationwide Multistate Licensing System (“NMLS”). According to the notice of rulemaking, today many CFL licensees
On October 22, the Court of Appeals for the Fifth Circuit issued a ruling in Crocker v. Navient Solutions that could have mixed consequences for student loan borrowers and creditors alike. The Court determined that a bankruptcy court lacks the authority to enforce discharge injunctions issued by bankruptcy courts in other districts. It also ruled,
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
In August 2017, the Consumer Financial Protection Bureau issued a Civil Investigative Demand (“CID”) to Libre by Nexus, Inc. and Nexus Services, Inc. (collectively, “Nexus”) seeking documents and information to investigate whether the companies were engaging in any unfair or deceptive business practices prohibited by the Consumer Financial