In an order published last week United States District Court Judge Michael M. Anello from the Southern District of California denied Plaintiffs motion for class action certification in the case of Linda Blair, Diane Deal, and Shannon Collins v. The CBE Group, Inc. (CBE) (13cv134-MMA).
Yesterday insideARM reported on an Eleventh Circuit Court of Appeals Decision confirming the validity of prior express consent in a TCPA case. This case and another one today in this article should be read together for an excellent discussion on the issue of “prior express consent.”
On Thursday of last week, the Eleventh Circuit Court of Appeals issued a decision in Murphy v. DCI Biologicals Orlando, LLC, confirming the validity of ‘Prior Express Consent” in a TCPA case. The plaintiff in a putative class action challenged the validity of the FCC’s 1992 interpretation of “prior express consent.”
In a decision issued on August 19, 2015, Magistrate Judge Howard R. Lloyd of the U.S. District Court for the Northern District of California ruled that “human intervention” defeated a claim that a strip club contacted a consumer using an ATDS in violation of the TCPA. This may be the first time in the history of this publication that we have highlighted a case involving a strip club. However, regardless of the type of business, the case is relevant to the industry.
According to a monthly report by Webrecon, FDCPA litigation is up 17.5% YTD over the same period in 2014, with 6,888 cases filed through the end of July compared to 5,862 for the same period last year. FCRA cases also increased YTD compared with last year, by 26.8%. TCPA are still down for the YTD comparison, […]
Unfortunately, you have completely missed the mark. In your desire to end “robo-calling” you have dramatically injured and hindered many legitimate businesses, including every legitimate company in the ARM industry.
Once again, a law that was never really meant to affect the ARM industry is having a considerable affect on the ARM industry. This is not an issue of collection agencies opposing consumer protections. Just the opposite, in fact.
On August 7, 2015, MRS BPO LLC, Cavalry Portfolio Services, LLC, Diversified Consultants, Inc., and Mercantile Adjustment Bureau, LLC filed a joint motion for leave to intervene in the consolidated appeal of the FCC’s July 10, 2015 Declaratory Ruling and Order. On July 10, 2013 ACA International (the Association of Credit and Collection Professionals) (“ACA”). […]
“This order is forcing the dialer companies to come up with solutions that they should have come up with years ago. So here again, I think this order has given us some clarity and it has forced the hand of the dialer companies to come up with solutions.” — John Rossman, Moss & Barnett
The whitepaper, developed with DialConnection’s expertise and their incredibly popular webinar, Mobile Strategies in the Ever-Changing Age of Compliance, Presented by DialConnection, looks at four specific best-practice strategies for mobile numbers: Line type identification; time of day for outbound attempts; attempt counters to wireless numbers; and identifying wrong parties.