Last week a Federal Judge in Georgia granted initial approval of a $30 million (TCPA class action settlement involving Wells Fargo. While the $30+ million settlement figure is staggering, with a class of over 6,400,000 members, the potential exposure for Wells Fargo was substantial.
Yesterday the FCC released its Final Rules to implement an amendment passed by Congress in the Bipartisan Budget Act of 2015. Published two weeks after the CFPB published its Outline of Proposed Rules governing debt collection, we now see the possibility that rules on calls to collect government debt could be more restrictive than calls to collect other types of debt.
Encore Capital Group, Inc. subsidiary Midland Credit Management Inc. (Midland), and several related companies have agreed to a settlement in multi-district TCPA litigation accusing the Defendants of violating the TCPA when trying to reach debtors. This is the fourth large TCPA settlement in July alone.
Last Friday, Tom Wheeler, Chairman of The Federal Communications Commission (FCC) published a blog entitled “Cutting off Robocalls.” The portion of the piece that has received the most media attention was this: “In regard to the Commission’s expectations that carriers respond to consumers’ blocking requests, I have sent letters to the CEOs of major wireless and […]
All debt collectors and others who call Minnesota telephone lines using a prerecorded or synthesized voice message with an auto dialer should know about the Minnesota Automatic Dialing-Announcing Devices statute, Minn. Stat. § 325E.26, et seq. (“ADAD Act”). In short, the Minnesota statute provides that if you call a Minnesota telephone line – residential or […]
On July 5, 2016 the FCC issued a Declaratory Ruling that the TCPA “does not apply to calls made by or on behalf of the federal government in the conduct of official government business, except when a call made by a contractor does not comply with the government’s instructions.” FCC Commissioner Rosenworcel subsequently issued a compelling statement…
Pursuant to a California federal judge’s preliminary approval order filed yesterday, Citizens Bank will pay over $4.5 million to settle a class action with more than one million members who claim it violated the TCPA by allegedly calling consumers’ cellphones without their permission using an automated dialing system.
On June 20 a U.S. District Court granted a creditor’s motion for summary judgment and dismissed a TCPA claim because the plaintiff had provided prior express consent to be contacted on his cellular telephone when he entered into a contract with the creditor, AND did not provide sufficient proof that the prior consent was revoked.
According to filings yesterday in Georgia federal court, Wells Fargo Bank, N.A. (Wells) will pay approximately $16.3 million to end a proposed class action alleging it illegally used an ATDS to call customers’ cellphones without their consent.