On May 3, the United States Court of Appeals for the Eighth Circuit reversed a lower court’s rejection of class certification in Sandusky Wellness Ctr., LLC v. Medtox Scientific, Inc., a case brought under the Telephone Consumer Protection Act (“TCPA”) relating to junk faxes sent by a lead testing company. In its opinion, the
FTC Offers New Interactive Tool for Mobile Health App Developers
“Does your mobile app collect, create, or share consumer information? Does it diagnose or treat a disease or health condition?” If so, then the FTC’s new online tool may assist you in understanding what federal laws or regulations might apply to your app.
The Mobile Health Apps Interactive Tool recently went online and offers developers
Missouri’s Action Against Charter for Improper Telemarketing Largely Survives First Legal Test
A government enforcement action against Charter Communications, Inc. for alleged violations of federal and state telecommunications laws has mostly withstood the first legal challenge. As we previously reported, Missouri Attorney General Chris Koster filed a federal lawsuit in October 2015 against Charter alleging violations of federal and state telemarketing and “do-not-call” laws. The lawsuit
Join Us for Our Consumer Financial Services Webinar Series Beginning May 3
Troutman Sanders is proud to announce its Consumer Financial Services Webinar Series beginning on May 3. Speakers throughout this webinar series will address cybersecurity and data privacy, the Telephone Consumer Protection Act (“TCPA”), the Fair Credit Reporting Act (“FCRA”), the Fair Debt Collection Practices Act (“FDCPA”), mortgage lending and servicing, and other related consumer finance
Continuing Impact of Campbell Ewald v. Gomez: Does Payment of Plaintiff’s Claim End Lawsuits?
In Leyse v. LifeTime Entertainment Services LLC, the district court for the Southern District of New York recently granted a defendant’s motion to enter judgment on behalf of the plaintiff upon tender to the Clerk of Court of all offered monetary damages and costs.
Plaintiff Mark Leyse brought a putative class action suit against
Florida Federal Court Weighs In on TCPA and FDCPA Case
On April 6, the United States District Court for the Middle District of Florida issued a ruling on cross-motions for summary judgment in a case involving both Telephone Consumer Protection Act (“TCPA”) claims and Fair Debt Collection Practices Act (“FDCPA”) claims.
In McCaskill v. Navient Solutions, Inc., Defendant Navient Solutions, Inc., a student loan
California Federal Judge Dismisses TCPA Claim, Holds Express Consent Passed from Creditor to Collector
A federal judge recently dismissed a plaintiff’s Telephone Consumer Protection Act (“TCPA”) claim, holding that the consumer had given prior express consent to be contacted by her creditor’s collection agents regarding the underlying credit card debt.
Ashley Schwartz-Earp provided her cell phone number to a JC Penney cashier as part of a store credit card
Join Us for the American Conference Institute’s 25th National Forum on Consumer Finance Class Action & Litigation
Join Troutman Sanders partner Chad Fuller for the American Conference Institute’s 25th National Forum on Consumer Finance Class Action & Litigation at the Omni Los Angeles Hotel at California Plaza on April 7-8.
The American Conference Institute has assembled an unparalleled faculty of federal and state regulatory and enforcement officials, senior in-house counsel, renowned
District Court Gives TCPA Amendment Retroactive Effect, Benefiting Debt Collectors
In 2015, Congress amended the Telephone Consumer Protection Act to create an exemption to the statute’s autodialer restrictions for calls made solely to collect a debt owed to or guaranteed by the United States. On March 31, the United States District Court for the Northern District of California gave this amendment retroactive effect, to the
House Democrats Join Senate Colleagues With Introduction of Identical HANGUP Act
House Democrats have joined an effort to ensure that the Telephone Consumer Protection Act of 1991 (“TCPA”) applies to calls to collect government-backed debt. We previously reported that on November 4, 2015, Sen. Edward Markey (D-Mass.) introduced the Help Americans Never Get Unwanted Phone calls Act of 2015, also known as the