Search Our Website:
RESULTS FOR
TCPA
FCC Proposes Additional TCPA Calling, Texting Restrictions
JUN 16 2023

les to timely honor consumers’ requests. The FCC also expressed its intent to codify its past guidance on “prior express consent” in order to make Telephone Consumer Protection Act (TCPA) requirements clearer. Read on to see what may be coming down the pike. Opt-out Confirmation Texts Since 2012, callers have been permitted under the TCPA to send consumers a single, one-time te...

Think You’ve Settled That Class Case? Not So Fast
DEC 22 2022

Just when the popular meal kit delivery service HelloFresh thought it had settled a class action lawsuit alleging violations of the Telephone Consumer Protection Act (TCPA), an objector, Sarah McDonald, swooped in and successfully persuaded a panel of the First Circuit to overturn approval of the proposed settlement. While McDonald objected to the proposed settlement on multiple grounds, her prima...

Consumer Protection Laws Alert: Florida Enacts Strict Telemarketing Law
JUL 20 2021

Florida recently enacted a bill that updates the Florida Consumer Protection Law and the Florida Telemarketing Act. The bill was unanimously passed by the state legislature and creates what is essentially a stricter version of the federal law known as the Telephone Consumer Protection Act (TCPA). CS/SB 1120, also known as Florida’s “Mini-TCPA,” represents a serious risk for every...

Robocallers Beware: The US Supreme Court Strikes Down Portion of TCPA; Violators Could Face Millions in Damages
JUL 10 2020

h and struck down only one portion of the law, and let the rest stand. The consequences for the debt collection industry, and all robocallers, is significant. The Telephone Consumer Protection Act ("TCPA") was enacted in 1991 to regulate and prohibit a wide range of telephone and fax communications. Specifically, the TCPA bars most robocalls to cell phones. In 2015, Congress tinkered with one pro...

The Supreme Court Declines to Entertain Spokeo Round 2
JAN 25 2018

athway for the lower courts to stem the tidal wave of claims under the Fair Credit Reporting Act (FCRA), the Fair Debt Collection Practice Act (FDCPA) and the Telephone Communications Protection Act (TCPA) where the plaintiffs had inconsequential, if any, damages, the Supreme Court failed to provide substantive guidance in its 2016 decision as to when a case should be dismissed for lack of injury....

Third Circuit Confirms That One Call Is All for TCPA Violation
JUL 18 2017

One errant solicitation call to the wrong person’s cellphone is all it takes to trigger liability under the TCPA. That was the essence of last week’s decision by the Third Circuit Court of Appeals in the putative class action Susinno v. Work Out World, Inc. Judge Hardiman – joined by judges Krause and Stengel – resolved two live issues in the Circuit, and struck fear i...

The ABCs of Statutory Consumer Protection Liability
MAY 19 2017

collection behavior. Violations of the FDCPA continue to top the list of complaints received by the Consumer Financial Protection Bureau. See WebRecon LLC, 2016 Year in Review: FDCPA Down, FCRA & TCPA Up, (last checked May 17, 2017). The most common complaint received is based on collection attempts that continue despite the debt not being owed by the complainant. See id. In addition to any ac...

What is an “Automatic Telephone Dialing System” under the TCPA?
APR 22 2014

Many, if not most, Telephone Consumer Protection Act (TCPA) cases hinge on whether the defendant’s alleged conduct involved an automatic telephone dialing system (ATDS). Under 47 U.S.C. § 227, an ATDS is defined as “equipment which has the capacity—(A) to store or produce telephone numbers to be called, using a random or sequential number generator; and (B) to dial such numb...

Taking It Back: Consumers May Revoke Cell Phone Consent, Says Third Circuit
MAR 26 2014

e number. When Dell ignored her request and continued to call her at least 40 times in three weeks, Gager filed suit claiming that Dell’s actions violated the Telephone Consumer Protection Act (TCPA). The Third Circuit, reversing dismissal by the trial court, held that even though Ms. Gager gave her "prior express consent" when she put her cellular phone number on her credit application, he...