TCPA Archives - Page 3 of 83

December 7, 2022 by Elliot G. Johnson in Calling

Ninth Circuit Puts New Limits on Aggregate Statutory Awards Following Remand of Nearly $1 Billion TCPA Judgment

In Wakefield v. ViSalus, Inc., the Ninth Circuit considered whether a jury verdict of $925,200,000 for cumulative statutory damages under the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”)...

December 6, 2022 by Eric Troutman in TCPA

Text Messages Are Still Not Voices

Good news! At least as of now…So back in 2021, Jay Edelman was granted leave of court to file a complaint alleging an extremely dangerous argument that text message “chatbot”...

December 5, 2022 by Alan D. Wingfield in TCPA

FCC Rules Ringless Voicemails Require Consent

On November 21, 2022, the Federal Communications Commission (FCC) issued a Declaratory Ruling and Order finding that companies must obtain consent before sending a “ringless voicemail” to a consumer’s phone...

September 22, 2022 by Eric Troutman in Compliance

“Routine Practice Evidence” Carries the Day for TCPA Defendant on Summary Judgment

One of the most important pieces of evidence in any case for a TCPA defendant is evidence of their policies and procedures.Such evidence is particularly important in defeating certification–if a...

August 17, 2022 by David N. Anthony in Compliance

Third Circuit Adopts “Reasonable Reader” Standard for Evaluating Whether a Credit Report Is Inaccurate or Misleading

What standard should courts use to determine whether information contained in a consumer’s credit report is inaccurate or misleading? According to the Third Circuit in a recent precedential decision, the...

August 11, 2022 by Eric Troutman in Calling

Court Finds Servicer’s Neutrally-Worded Voicemail Advising of Payment Options Does Not Constitute Debt Collection

Really interesting one for the servicers and collectors out there.Similar to the TCPA’s marketing vs. informational messaging divide, there continues to be a divide between collection vs. informational messaging in...

August 8, 2022 by Aylix Jensen in Legislative Updates

Will the Definition of an ATDS Soon Include Text Messages?

On July 12, 2022, the House of Representatives introduced H.R. 8334 to amend the Communications Act of 1934 to prohibit the use of automated telephone equipment to send unsolicited text...

June 29, 2022 by Brittany Andres in Calling

Credit Card Issuer Wins Big ATDS Ruling in TCPA Suit Arising out of Debt Collection Calls

Hello everyone, Baroness here ????A good ruling in the Kentucky District Court recently.Here are the facts you need to know:On or about March 7, 2014, Plaintiff David Barnett applied for...

June 22, 2022 in Calling

Macy’s Credit Sued For Prerecorded Calls: Retailers Back in the TCPA Crosshairs?

Retailers have had a rough few years as Amazon and COVID have more or less crushed the idea that people want to go to the store for stuff.One of the...

May 23, 2022 in Collection Technology

NCLC Tells FCC “Callers Can Easily Avoid Making Calls to Telephone Numbers That Have Been Reassigned….”–But is it That Simple?

In response to the Department of Health and Human Services’ (HHS) recent letter to the FCC seeking clarity on whether the TCPA applies to texts it would like to make...

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