TCPA

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In a recent decision applying established Telephone Consumer Protection Act law to the developing text application market, the U.S. District Court for the Northern District of California found in Glauser v. GroupMe, Inc. that group texts did not violate the TCPA because they required human intervention.  Specifically, the court found that the “welcome texts” –…

On January 21, the U.S. District Court for the Eastern District of Pennsylvania struck a class action under the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq. (“FDCPA”) and the Telephone Consumer Protection Act of 1991, 47 U.S.C. §§ 227 et seq. (“TCPA”).  Although the judge allowed the lead plaintiff to pursue…

Join us at the American Conference Institute’s 22nd National Forum on Consumer Finance Class Actions & Litigation. Two full days of expert strategies for in-house and outside counsel on navigating class actions, litigation, and government enforcement actions in the consumer finance industry.

April 13 – 14, 2015; Omni Los Angeles Hotel at California Plaza…

On January 5, the Federal Communications Commission announced that it was creating a new complaint portal.  As shown on the FCC form for complaints, which can be found here (Word format) and here (.pdf), this portal is very much designed to capture complaints arising from the Telephone Consumer Protection Act (TCPA) and, specifically, automatic telephone…

On December 12, 2014, an Illinois federal judge found Dish Network LLC liable for participating in millions of unwanted telemarketing sales calls, where Dish Network could be subject to penalties exceeding $1 billion. Specifically, the District Court for the Central District of Illinois issued an opinion in United States of America v. Dish Network LLC …

In the latest of a series of “whodunit” cases, the United States District Court for the Southern District of Ohio held that a subscriber who did not answer a single call that allegedly violated the Telephone Consumer Protection Act still had standing to sue under the statute.  In Maraan v. Dish Network LLC (Civil Action…

Many consumers have heard of the Telephone Consumer Protection Act (TCPA), the statute that prevents a company from autodialing a consumer’s cell phone without his or her prior express consent.  Less well know is the Video Privacy Protection Act (VPPA), a statute that prohibits “video tape service providers” from knowingly disclosing consumers’ personally identifiable information. …

In Marks v. Crunch San Diego, LLC, Judge Bashant, a district court judge for the Southern District of California, found that the FCC lacks the authority to change the statutory definition of “automated telephone dialing system” (“ATDS”) under the TCPA.  Judge Bashant determined that the FCC only has rulemaking authority over sections 227(b) and…

Earlier this month, the Fourth Circuit issued an unpublished opinion holding a debt collector’s autodialed calls to a residential landline with VoIP service violated the Telephone Consumer Protection Act due to the fact that the consumer was charged for each call.

In Lynn v. Monarch Recovery Management, Inc., No. 13-2358, 2014 U.S. App. LEXIS…

On October 16, the Second Circuit in Nigro v. Mercantile Adjustment Bureau, LLC, ruled against a debt collector by holding that the agency violated the Telephone Consumer Protection Act when it repeatedly called the plaintiff about his deceased mother-in-law’s debt.  Despite the plaintiff providing the number called to the creditor, the Court of Appeals…