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TCPA

The Telephone Consumer Protection Act of 1991 (TCPA) is the primary law in the U.S. governing the conduct of telemarketers. Its primary regulator is the Federal Communications Commission (FCC). The TCPA restricts the use of dialers, prerecorded voice messages, SMS text messages received by cell phones, and the use of fax machines. As such, debt collectors often find themselves restricted in the communication technology they can use, especially when the technology is not explicitly mentioned in the law. For example, until the FCC issued a declaratory ruling in 2008, the ARM industry was tacitly restricted from using autodialer technology to call mobile phones. Similarly, the use of text messaging is currently a legal gray area for debt collectors.

Mootness

SDNY Allows Defendant’s Offer of Full Relief to Moot TCPA Action

In a putative class action for alleged violation of the TCPA, and notwithstanding the recent ruling by the Supreme Court of the United States inCampbell-Ewald Co. v. Gomez, the U.S. District Court for the Southern District of New York recently granted a defendant’s request to enter judgment in the consumer’s favor providing all relief sought only by the plaintiff in his individual capacity.

wrong-way

CFPB Targets ARM Industry — Which Practices Should Your Company Avoid?

The CFPB intends for its consent orders to set industry-wide precedents. In March 2016, CFPB Director Richard Cordray referred to consent orders as a guide “to all participants in the marketplace to avoid similar violations and make an immediate effort to correct any such improper practices,” telling the Consumer Bankers Association that any company not following the precedents set by the CFPB’s consent orders is committing “compliance malpractice.”

Rotary Phone

Ninth Circuit: Conditional Tender Does Not Moot Putative Class Action

This article is republished with permission from Michael Stortz, and Drinker Biddle & Reath LLP.  It originally appeared on www.tcpablog.com. In the wake of the Supreme Court’s decision in Campbell-Ewald v. Gomez, the Ninth Circuit has held that an offer tendering complete relief, conditioned on the dismissal of a putative class action, is insufficient to moot the action […]

lawsuit

Have You Been Sued by Todd Bank?

This post originally appeared on the blog of Klein Moynihan and is re-published here with permission. The article was co-authored by David O. Klein and Joshua Wueller. The Federal Communications Commission (the “FCC” or “Commission”) is currently seeking comment on whether it should establish a bright-line rule for telephone lines in residential homes that are used for business […]

consent

Summary Judgment Granted in TCPA Case Against Navient and Affiliate – Awards $360K, Possibly More

An Order granting partial summary judgment in favor of a plaintiff in a TCPA case against Navient and its affiliate, Student Assistance Corporation, was entered on April 6. The summary judgment order translates to an award of over $360,000, with the potential for additional liability once the case proceeds to trial on the issue of whether the defendants should be liable for treble damages under the statute. The case presents several interesting facts and issues.