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Supreme Court to Hear Case on Statutory Damages Without Actual Harm; Could Impact FDCPA Cases

The U.S. Supreme Court has agreed to hear an important case that will decide whether a plaintiff who cannot show any actual harm from a violation of the FCRA nevertheless has standing to sue for statutory damages in federal court. The consequences of the decision will likely extend significantly beyond FCRA litigation and affect numerous other statutes, including the FDCPA and TCPA .

Smartphone with cloud of application icons

Filing a TCPA lawsuit? There’s an App for that

It seems as though there is a mobile app for everything these days, including collecting information for TCPA suits. Two mobile applications allow consumers to create legal documentation of unwanted robocalls, telemarketing calls, and debt collection calls. The information is forwarded to law firms specializing in filing lawsuits against businesses using robocalls and engaging in debt collection activities.

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ARM Firms Should Assess Multidistrict Litigation for Simultaneous FDCPA and TCPA Cases

Collection agencies, debt buyers and credit granters are often under siege, forced to defend against identical claims on multiple jurisdictional fronts, regardless of whether the claims are on behalf of an individual or a putative class. One strategy for consolidating the defense of identical claims is to file a motion with the U.S. Judicial Panel on Multidistrict Litigation (MDL) to transfer claims to a single venue.