A U.S. District Court for the District of Maryland recently denied summary judgment in a case under the Telephone Consumer Protection Act (TCPA), finding that the defendant failed to show it received prior express written consent for telemarketing calls.
According to a recent report by WebRecon, court filings under the Fair Debt Collection Practices Act (FDCPA) and Fair Credit Reporting Act (FCRA) and complaints filed with the Consumer Financial Protection Bureau (CFPB) were all up for the month of April. Only court filings under the Telephone Consumer Protection Act (TCPA) were slightly down. Still, year-to-date everything is up by double digits compared to 2023.
In Soliman v. Subway Franchisee Advertising Fund Trust, Ltd, the plaintiff alleged that the defendant violated the Telephone Consumer Protection Act (TCPA) by sending a text message to her cell phone using an automatic telephone dialing system (ATDS) and which utilized an “artificial or prerecorded voice.” The Second Circuit affirmed the district court’s decision to dismiss the case because the TCPA did not apply.
According to a recent report by WebRecon, court filings under the Fair Debt Collection Practices Act (FDCPA) and Fair Credit Reporting Act (FCRA) were down for the month of March while court filings under the Telephone Consumer Protection Act (TCPA) and complaints filed with the Consumer Financial Protection Bureau (CFPB) were up. Year-to-date everything is
According to a recent report by WebRecon, court filings under the Fair Debt Collection Practices Act (FDCPA) and Telephone Consumer Protection Act (TCPA) were down for the month of February while court filings under the Fair Credit Reporting Act (FCRA) and complaints filed with the Consumer Financial Protection Bureau (CFPB) were up. Year-to-date everything is still up by double digits compared to 2023.
According to a recent report by WebRecon, court filings under the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), Telephone Consumer Protection Act (TCPA), and complaints filed with the Consumer Financial Protection Bureau (CFPB) were up double digits percentages from December 2023. The biggest jump was in TCPA filings, which increased by 78.6%!
On February 15, the Federal Communications Commission (FCC) approved amendments to the rules and regulations implementing the Telephone Consumer Protection Act (TCPA). The adopted Report and Order and Further Notice of Proposed Rulemaking implemented new rules regarding revocation of consent to robocalls and robotexts — clarifying rulings from 2012 and 2015. The FCC’s goal was to “strengthen consumers’ ability to revoke consent so that it is simple and easy.”
In Perrong v. Chase Data Corp., et al., a court in the Eastern District of Pennsylvania recently ruled that no personal liability attaches to the owner of a company for Telephone Consumer Protection Act (TCPA) violations.
Today, the Federal Communications Commission (FCC) issued a unanimous ruling that the Telephone Consumer Protection Act’s (TCPA) restrictions on the use of “artificial or prerecorded voices” apply to AI technology that generate such voices.
In Career Counseling, Inc. v. Amerifactors Financial Group, LLC, the U.S. Court of Appeals for the Fourth Circuit upheld a district court’s decision denying class certification in a Telephone Consumer Protection Act (TCPA) case on the basis that the plaintiff failed to satisfy Rule 23’s “implicit further requirement of ascertainability.” The Fourth Circuit also upheld summary judgment against the defendant as to the individual claim finding the defendant was indeed the “sender” of the fax at issue. Each finding is discussed more fully below.