On September 8, the Federal Deposit Insurance Corporation announced that it had ordered Comenity LLC to pay nearly $64 million in civil money penalties and restitution for alleged deceptive advertising and marketing of credit card add-ons, in violation of Section 5 of the Federal Trade Commission Act. Comenity LLC manages credit card programs for several
FCC Continues to Expand Its TCPA Reach with E-Faxes
On August 28, the Federal Communications Commission issued a declaratory ruling holding that electronic faxes or “e-faxes” are covered by the Telephone Consumer Protection Act and the Junk Fax Protection Act. E-faxes are communications that originate as a fax, but are converted to electronic files during transmission and received as attachments to emails. This ruling
11th Circuit Holds Providing Number Equals Consent Under TCPA
In Murphy v. DCI Biologicals Orlando LLC, No. 14-10414, 2015 U.S. App. LEXIS 14632 (11th Cir. Aug. 20, 2015), the Eleventh Circuit Court of Appeals affirmed a district court’s dismissal of a proposed class action under the Telephone Consumer Protection Act, holding that the plaintiff consented to receive text messages when he provided his
Leading Trade Group Launching Broad-Ranging Attack on FCC’s Expansive Interpretation of the TCPA
On July 10, the Federal Communications Commission enacted major changes and clarifications to the Telephone Consumer Protection Act of 1991 (“TCPA”). Approved on a contentious 3-2 vote by the FCC commissioners, the FCC released its Declaratory Ruling and Order (FCC 15-72) (“the FCC’s Order”) formally stating its interpretation of numerous provisions of the
Spokeo-Based Stays Gaining Steam in Consumer Litigation
On April 27, 2015, the United States Supreme Court granted certiorari in Spokeo Inc. v. Robins to address the issue of whether Congress may confer Article III standing on a plaintiff who suffers no concrete harm by simply authorizing a private right of action based on the violation of a federal statute alone. Although the
FCC Levies Record $2.96 Million Fine Against Florida Company for Autodialed Calls
On August 11, the Federal Communications Commission handed down a $2.96 million fine against Travel Club Marketing Inc., related entities, and owner Olen Miller (collectively “Travel Club”), the largest fine in FCC history related to autodialed calls. The fine stems from allegations that the companies violated the Telephone Consumer Protection Act in their telemarketing efforts,
Debt Collection and Credit Reporting Litigation and Related Complaints to CFPB Continue to Increase; TCPA Lawsuits Decline
Fair Debt Collection Practices Act lawsuits increased 16 percent from June 2014 to June 2015, according to a report issued by WebRecon. The report also noted that FDCPA lawsuits increased from 885 to 1,129 from May to June this year. According to the report, Fair Credit Reporting Act lawsuits also increased 22.7 percent from
FCC’s TCPA Order Immediately Challenged in Court
As Troutman Sanders LLP previously reported, earlier this month the Federal Communications Commission issued a sweeping 147-page Declaratory Ruling and Order expanding the definition of an automatic telephone dialer system (ATDS), clarifying revocation of consent, and providing limited exceptions for reassigned numbers, health care, and financial calls and text messages. Since then, three entities
Senator Schumer Introduces Bill to Criminalize Certain Robocalls
On June 25, Senator Schumer of New York introduced a bill poetically titled the Act to Quell Unnecessary, Intentional, and Encroaching Telephone Calls Act of 2015 (the “QUIET Act”) that would criminalize the knowing use of telemarketing robocalls without the prior express consent of the recipient.
Under the QUIET Act, it would be illegal to
FCC Issues Sweeping Order Expanding Reach of the Telephone Consumer Protection Act
On Friday, July 10, the Federal Communications Commission enacted major changes and clarifications to the Telephone Consumer Protection Act of 1991 (“TCPA”). Approved on a contentious 3-2 vote by the FCC commissioners, the FCC released its Declaratory Ruling and Order (FCC 15-72) formally stating its interpretation of numerous provisions of TCPA.
The TCPA