According to filings yesterday in Georgia federal court, Wells Fargo Bank, N.A. (Wells) will pay approximately $16.3 million to end a proposed class action alleging it illegally used an ATDS to call customers’ cellphones without their consent.
On June 24, 2016 a Pennsylvania District Court ruled that a plaintiff — a frequent litigant — who manufactured TCPA lawsuits had no standing to pursue her TCPA claims in Federal Court. This case is one of the first TCPA opinions to reference the Spokeo Supreme Court case.
This article was originally published on the Maurice Wutscher blog and is republished here with permission. The U.S. Court of Appeals for the Ninth Circuit recently held that the discovery rule applies equally regardless of the nature of the federal Fair Debt Collection Practices Act (FDCPA) violation alleged by a plaintiff. Therefore, according to the Ninth Circuit, […]
insideARM has learned from multiple industry sources that the CFPB has scheduled the next step in debt collection rulemaking, the Small Business Regulatory Fairness Enforcement Act (SBREFA) hearing, for the week of August 22, 2016.
A federal Judge from the Eastern District of Tennessee has dramatically reduced a consumer attorney’s request for an award of attorney’s fees and costs in Fair Debt Collection Practices Act (FDCPA) cases involving an accepted Offer of Judgment. The cases were LaPointe v. Midland Funding, LLC (Case Nos. 2:15-CV-171 and 2:15-CV-172, United States District Court, […]
More than 75% of American companies are finding that it’s “harder for them to access the financial services they need” in the wake of increased federal financial regulation. That’s according to a new study by the U.S. Chamber of Commerce, who surveyed “more than 300 corporate financial professionals” from “companies of all sizes” about their […]
Both the FTC and the CFPB filed comments to the May 6, 2016 FCC Notice of Proposed Rulemaking related to the TCPA. We would have liked to have seen more specific suggestions, especially from the CFPB, which has been studying the topic for years now.
Last year, the TCPA statute was amended allowing an exemption for calls made to collect a debt owed to the United States. The amendment also directed the FCC to develop rules that “may restrict or limit the number and duration of calls made to a number assigned to a cellular phone service.” …But there are two possible interpretations of “duration of calls.”
Last week, ConServe, a leading private collection agency and federal contractor that provides services to the U.S. Department of Education and the U.S. Department of Treasury, filed comments to the FCC Notice of Proposed Rulemaking TCPA. The comments were thorough and well-reasoned. Unfortunately, the deck at the FCC is likely stacked against collectors.
Through a public notice yesterday, the Federal Communications Commission (FCC) announced the anticipated renewal of its Consumer Advisory Committee (CAC) and solicited applications for membership, subject to renewal of the Committee’s charter. It is expected that the two-year membership term on the Committee, would commence on October 22, 2016. Applications for membership are due by 11:59 P.M., […]