Robocalls Archives - Page 2 of 14

January 26, 2022 by Eric Troutman in Collection Technology

Ninth Circuit Holds LiveVox HCI is not an ATDS in Unpublished Decision

Well here’s huge news.In a short opinion which came out on January 19, 2022–that is, unfortunately, non-binding authority because it was not published– the Ninth Circuit Court of Appeals has...

December 16, 2021 by Stephanie Eidelman in CFPB

Year in Review: A Comprehensive Breakdown of 2021 in the ARM Industry

2021 was an extremely active and unusual year for case law, regulatory developments, and M&A activity in the ARM industry. Here's my “year in review” for what was nothing short...

September 20, 2021 by Ralph T. Wutscher in Robocalls

6th Cir. Reverses Trial Court Ruling that TCPA was Wholly Unconstitutional After 2015 Amendments

The Sixth Circuit recently reversed a trial court’s dismissal of a putative class action lawsuit alleging violations of the federal Telephone Consumer Protection Act, 47 U.S.C. § 227(b) (TCPA). The...

September 2, 2021 by Erin Gilmore in Collection Technology

The Wins Keep Coming! Another Court Finds Calling From Curated List of Numbers is Not R&SNG

Well TCPAWorld, we have another great post-Facebook case for you. Franco v. Alorica Inc., No. 2:20-CV-05035-DOC-(KESx), 2021 U.S. Dist. LEXIS 164438 (C.D. Cal. July 27, 2021) used the Supreme Court’s Facebook ATDS definition and the Northern...

August 23, 2021 by Eric Troutman in Collection Laws and Regulations

140 Days Later: Here Are Five Things To Know (Right Now) About How Courts Are Handling ATDS Cases Post Facebook

I know everyone is regularly checking the Facebook Ruling Resource Page- which is, unsurprisingly, driving huge traffic. But I also know that page is a bit sloppy right now as the...

August 16, 2021 by Eric Troutman in Collection Technology

Hmmmm: Did the Ninth Circuit Just Accidentally End Presumed Express Consent in TCPA Cases?

That’s fine. It's their money, not mine.But anytime you take a case–particularly a bad case (or in this situation an extremely ridiculously bad case)–on appeal you never quite know what...

August 11, 2021 by Eric Troutman in Robocalls

Justice: Court Filings Reveal How Consumer Tried to Manufacture TCPA Suit Against Credit One–Only to End Up Owing It $286,064.62

So now it makes sense.As I just reported, a couple of consumers got blown up after suing Credit One for purported TCPA violations. I knew there had to be more to the...

July 29, 2021 in digital communications

Caller Identity: Vetted, Verified, Branded, Displayed

MCLEAN, Va. -- Numeracle announced today another key milestone in protecting consumers from illegal robocalls while making Caller ID even more trusted. In a recent history-making successful collaboration amongst industry leaders, T-Mobile...

June 23, 2021 by Eric Troutman in Collection Laws and Regulations

Facebook Footnote 7 Proves Costly: First Case Holding LiveVox System May be ATDS Under Facebook FN7 is Out—But There’s a Silver Lining

Well this is a big one folks. We told you the same day that Facebook was decided that the Plaintiff’s bar was looking to make use of FN7, and they’ve just drawn first...

June 16, 2021 by Eric Troutman in Collection Laws and Regulations

HUGE TCPA WIN!: Court Finds Aspect predictive Dialer Not an ATDS– Explains Away Footnote 7

Well this is a big one. In the best analyzed post-Facebook ATDS decision to date, a Court in South Carolina has ruled the Aspect predictive dialer is not an ATDS because it...

Robocalls