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
Join us at the American Conference Institute’s 23rd National Conference on Consumer Finance Class Actions & Litigation
Expert strategies for in-house and outside counsel on navigating class actions, litigation, and government enforcement actions and examinations in the consumer finance industry
Monday, July 27 to Tuesday, July 28, 2015
The Omni Hotel on the Magnificent Mile, Chicago, IL
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FCC Passes New Declaratory Rule Clarifying and Interpreting Multiple, Key Provisions of the TCPA in a Manner That is Generally Unfavorable to Defendants
On June 18, 2015, the Federal Communications Commission (“FCC”) voted 3-2 to approve an order that promises to have major and negative impacts on companies who use modern telephone technology to text and call consumers.
The stark increase in the number of lawsuits that were filed under the Telephone Consumer Protection Act (“TCPA”) has been
FCC Announces Agenda for Upcoming June 18 Open Committee Meeting
The Federal Communications Commission recently announced the agenda for its upcoming June 18 Open Meeting. The agenda includes a number of items on which the Commission is considering action. Of those items on the agenda, few are more important to many financial service companies than the Commission’s focus on “Protecting Consumers Against Unwanted Robocalls.”
According