Both the FTC and the CFPB filed comments to the May 6, 2016 FCC Notice of Proposed Rulemaking related to the TCPA. We would have liked to have seen more specific suggestions, especially from the CFPB, which has been studying the topic for years now.
Yesterday, the American Bankers Association (ABA) and the Consumer Bankers Association (CBA) filed joint comments to the Federal Communications Commission’s (FCC) May 16, 2016 proposed rule regarding non-telemarketing “robocalls” made to collect debts owed to or guaranteed by the United States.
Republicans and Democrats on Capitol Hill held a passionate debate about “robocalls” on Wednesday, during a hearing about the effectiveness of the Telephone Consumer Protection Act (TCPA). We predicted that it would be “fascinating,” and it certainly turned out that way. At the Senate Commerce Committee’s “The Telephone Consumer Protection Act at 25: Effects on […]
Washington, DC — Friday evening, the Federal Communications Commission (FCC) released a Notice of Proposed Rulemaking (NPRM) to implement a provision in the Bipartisan Budget Act of 2015, signed into law by President Obama in November, amending the Telephone Consumer Protection Act (TCPA). While the legislation applies to calls “solely to collect a debt owed to or guaranteed by the United […]
On Friday, May 6, 2016 the FCC released its Notice of Proposed Rulemaking on the use of an Automated Telephone Dialing System when contacting consumers via cell phone about debts owed to or guaranteed by the government – such as student loans, mortgages and taxes. In our opinion, the proposed rules miss the mark on many fronts.
The U.S. District Court for the Eastern District of North Carolina recently rejected a defendant’s arguments that its contract with the plaintiff did not allow revocation of prior express consent under the TCPA, and that the defendant’s telephone communication system was not an “automatic telephone dialing system.”
Portfolio Recovery Associates will pay $18 million to resolve multidistrict litigation accusing the debt collection company of violating the TCPA by making autodialed phone calls to consumers without their consent, according to documents filed Monday in California federal court.
LiveVox Inc., a leading provider of cloud contact center solutions for enterprise operations, announced that LiveVox CEO, Louis Summe, has been invited to join a panel to discuss what macro trends will alter the financial services segment at this week’s Large Market Participant Summit presented by insideARM in Washington D.C. On the session, LiveVox Chief […]
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.
The Silver case is important to the entire ARM industry for a number of reasons. Any positive decision in a TCPA case is a good decision and should be reviewed. However, the case is especially important to that segment of the ARM industry that collects on federal government-backed student loans.