Could 2015 be the year of TCPA reform? There are somewhat promising signs that it actually may be.
The number of lawsuits filed by consumers against ARM companies claiming violations of the FDCPA, FCRA, and TCPA increased in September from August, WebRecon LLC said Friday. But FDCPA lawsuits are still on track to show significant declines for the year.
LiveVox Inc., a leading provider of cloud contact center solutions for enterprise operations, announced that its inside counsel, Mark Mallah, will join Joe Adams of the Hampton Pryor Group and John Bedard of Bedard Law Group on an operations-focused compliance panel at FSCOR 2014 in Las Vegas.
The Second Circuit Court of Appeals Thursday ruled against a debt collection agency in a TCPA express prior consent case, reversing a lower court decision and hewing closely to a requested amicus brief filed by the FCC on the matter.
Debt collectors breathed a collective sigh of relief after the Eleventh Circuit reversed a district court ruling in the Mais case. Coupled with the FCC’s seemingly business-friendly declaratory rulings of GroupMe and Cargo Airline Association, matters appear to be on the upswing for creditor representatives with regard to the TCPA. But don’t be deceived: the relief brought by the positive developments must be tempered by the amicus curiae brief filed by the FCC in a case involving a collector.
In an unpublished opinion handed down last week, the Fourth Circuit Court of Appeals ruled that calls made to a residential line using an autodialer can violate the TCPA if the residential line service charges for incoming calls. In this particular case, the line was using a VoIP subscription that carried per-call charges.
On Sept. 30, AT&T Mobility – the mobile arm of the telecommunications giant – signed off on a proposed agreement to settle a TCPA class action lawsuit in which it and its hired debt collection agencies allegedly called consumers’ cell phones using an autodialer without prior express consent.
ACA International’s Political Action Committee continues to track close races in the upcoming election and seek bipartisan political partnerships with legislators.
The Eleventh Circuit Court of Appeals yesterday unanimously reversed a lower court ruling in Mais v. Gulf Coast Collection Bureau, a case that was extremely controversial in the debt collection industry due to the district judge deliberately ignoring an FCC ruling regarding consent to call a cell phone. Monday’s decision and opinion is seen as a major victory for debt collectors.
A hot issue in TCPA litigation is the scope of consent necessary to place automated calls to consumers where the consumer has provided a cell phone number to a company in connection with a specific transaction or application.