In what is being touted as the largest TCPA settlement ever, Capital One and three collection agencies have agreed to pay $75.5 million into a settlement fund to end litigation in a combined class action. The agreement admits no wrongdoing on the part of the companies for allegedly using autodialers and/or pre-recorded messages in calls to cell phones without the consumers’ express consent.
For the first time this year, litigation surrounding the Fair Debt Collection Practices Act increased from one month to the next, but Telephone Consumer Protection Act and Fair Credit Reporting Act litigation decreased compared to the prior month, according to the latest data from WebRecon. However, when comparing data from June 2014 to June 2013, […]
A consumer gives you a contact number that turns out to be his cell phone. What do you do? In a poll-meets-pop-quiz of insideARM.com readers, 36.5 percent of participants said that when they get a contact number from a consumer that turns out to be a cell phone, they continue to call a consumer as […]
The Telephone Consumer Protection Act played to packed audiences through two sessions Wednesday at ACA International’s 75th Anniversary Convention & Expo in Chicago. At issues for those in the debt industry are: effective consent language and present capacity.
Gordon Beck, Chief Operating Officer of Diversified Consultants, Inc., based in Jacksonville, Florida, sat for an interview last week with ABC World News with Diane Sawyer. Beck said ABC set out to investigate TCPA lawsuits where companies – including collection agencies – dialed wrong numbers. ABC producers told Beck that he was the only collection agency official that agreed to be interviewed.
Companies that hire vendors to place automated calls to cell phones may find themselves at greater risk for Telephone Consumer Protection Act troubles following a decision from the Ninth Circuit Court of Appeals in Thomas v. Taco Bell Corp. The recent decision follows a May 2013 ruling from the Federal Communications Commission in In re […]
May 2014 was a light month overall for debt collection complaints, and most types of litigation, according to new data from WebRecon. While 3188 consumers filed CFPB complaints against debt collectors – that’s a little more than 100 consumers a day – it still represents a 15.8 percent decline from April 2014. In all, the CFPB […]
The FCC last week threw another clarifying wrinkle in the struggle to understand “express prior consent” to call a cell number for the purpose of debt collection. In an amicus brief, the agency explored some nuance in its 2008 TCPA declaratory ruling while clarifying another ruling from this year.
From April to May 2014, complaints to the Consumer Financial Protection Bureau about debt collectors fell nearly 16 percent, according to the latest data from WebRecon. There were a total 3188 complaints filed against debt collectors in May 2014, but the data shows that 95 percent of complaints received a timely response, and 69 percent of […]
A federal judge in Maryland this week sided with a collection agency in a TCPA case involving the question of “prior express consent” to call a cell phone number that was provided by the consumer. The decision mirrors another recent case in a trend that shows judges moving away from the controversial Mais decision.