Last Friday’s FCC advisory board meeting agenda included the item, “Robocalls and Federal Debt Collection: New TCPA Amendment.” The Associate Division Chief, Consumer Policy Division at the Consumer and Government Affairs Bureau announced that a Notice of Proposed Rulemaking would soon be released, and the questions it would likely include.
Yesterday the Ninth Circuit Court of Appeals affirmed a lower court dismissal of a putative Telephone Consumer Protection Act (“TCPA”) class action ruling that the plaintiff had provided “prior express consent” to receive the text messages in question.
Mandatory arbitration provisions may be on the endangered species list, but they are not gone yet. Two opinions from two different courts were published this past week addressing mandatory arbitration clauses. The cases presented different issues and the results were not consistent.
On January 29, 2016, Illinois Governor Bruce Rauner signed into law Senate Bill 1369. That Bill reversed provisions adopted in the Illinois Collection Agency Act, an August 2015 legislative enactment that conflicted with the federal Fair Debt Collection Practices Act (FDCPA)
SAN FRANCISCO – LiveVox Inc., a leading provider of cloud contact center solutions for enterprise operations, announced that it was honored with the 2016 CUSTOMER Product of the Year Award for its industry leading TCPA-focused dialing systems, The Four Clouds. LiveVox’s Four Clouds is an array of risk mitigation dialing systems that provide the flexibility and […]
In a 6-3 “no” for the industry, Ruth Bader Ginsberg, in her majority opinion, writes, “Campbell’s settlement bid and Rule 68 offer of judgment, once rejected, had no continuing efficacy. Absent Gomez’s acceptance, Campbell’s settlement offer remained only a proposal, binding neither Campbell nor Gomez. Having rejected Campbell’s settlement bid, and given Campbell’scontinuing denial of liability, Gomez gained no entitlement to the relief Campbell previously offered.”
Technology options like this were mentioned back in June, when the FCC held its mid-year TCPA clarification hearing. Several commissioners described the technology as a consumer-friendly way to escape the perceived constant pressure of intrusive calls. But is it possible this technology can do more harm for consumers and their financial health than good?
On Friday, the FCC filed its response to the arguments of the joint Petitioners in the consolidated appeal from its July 10, 2015 Omnibus Ruling. The Commission’s brief addresses the scope of its statutory authority, the definition of an “ATDS”, the meaning of “called party” and the potential liability for calls to recycled numbers, the ability to revoke consent, healthcare-related calls and the emergency purpose exception, and First Amendment challenges to the Commission’s interpretations of the statute.
This article previously appeared on The Consumer Financial Services Blog and is re-published here with permission. Joining several other federal district courts around the country, the U.S. District Court for the Eastern District of New York recently granted a joint motion to stay proceedings in a putative class action lawsuit alleging violation of the federal […]
Costa Mesa, Calif. — Experian®, the leading global information services company, today released Phone Number ID™, providing an innovative and comprehensive solution for consumer-contact businesses. As the latest addition to Experian’s debt collection product suite, Phone Number ID delivers a batch phone verification product that supports compliance with the Telephone Consumer Protection Act (TCPA), distinguishes […]