insideARM maintains a free TCPA resources page to provide the ARM community a destination for timely and topical information on the Telephone Consumer Protection Act of 1991 (“TCPA”). This page is generously supported by LexisNexis. See the page here or find it in our main navigation bar from any page on insideARM.
The cornerstone of the page is a chart of significant TCPA cases. Click on the link in the chart for the complete text of the decision. Where insideARM has already published a story on the case, we provide a link. Case information and analysis is provided by the Bedard Law Group.
TCPA cases in September and October 2016 brought both positive and negative outcomes for the ARM industry
Tuck v. Guardian Protection Services, Inc.
The gist: The District Court for the Southern District of California granted in part and denied in part Guardian Protection Services’ motion to dismiss for failure to state a claim.
Pozo v. Stellar Recovery Collection
The gist: The District Court for the Middle District of Florida held that the defendant did not use an autodialer and did not violate the TCPA. The court also concluded that summary judgment was inappropriate with regard to the plaintiff's FDCPA claims.
LaVigne v. First Community Bancshares
The gist: The District Court for New Mexico held that the defendant violated the TCPA and denied the defendants’ motion to dismiss the case.
Espejo v. Santander Consumer USA, Inc.
The gist: The District Court for the Northern District of Illinois granted the defendant’s motion for summary judgment in one case and denied it in another, and additionally denied the plaintiff’s motion for class certification.