Searching Content by Chad Fuller ordered by Published Date Descending.
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ALERT For Ninth Circuit And TCPA: A System That Has The Capacity To Automatically Dial Stored Numbers Is An ATDS
On September 20, 2018, the Ninth Circuit in Marks v. Crunch San Diego, LLC (Case: 14-56834), overturned a lower court's ruling that a text messaging system ...
United States
26 Sep 2018
Class Attempt To Expand TCPA Liability For Health-Related Texts Is Dismissed, Providing Some Clarity For Health Care Companies
On March 12, Judge Eldon E. Fallon of the U.S. District Court for the Eastern District of Louisiana tossed a plaintiff's putative class action lawsuit against the American Heart Association ...
United States
28 Mar 2018
D.C. Circuit Issues Highly Anticipated Ruling In Telephone Consumer Protection Act Appeal
The D.C. Circuit answered months of speculation on Friday, March 16, 2018, when it finally issued its decision inACA International v. Federal Communications Commission (15-1211) .
United States
19 Mar 2018
TCPA And Health-Care Related Calls: Court Expands Definition Of "Emergency Purpose" To Include Prescription Refill Reminders
In a ruling that could have major implications for patient outreach by the health care industry, on January 22, 2018, the Northern District of Ohio held that prescription reminder calls are exempted...
United States
30 Jan 2018
Health Care Debt Collector Pays $600k To Settle Tcpa Class Action
Originally filed on May 12, 2015, the lawsuit alleged that M3, in its attempts to contact debtors, placed autodialed and prerecorded calls that were instead received by individuals who were not debtors.
United States
4 Dec 2017
Another Big-Dollar TCPA Settlement As Payment Processor Agrees To $9M Deal
A Texas-based payment processor agreed on November 1 to pay $9 million to settle a putative class action brought under the Telephone Consumer Protection Act in the United States District Court ...
United States
14 Nov 2017
Federal Court Rejects Dish Network's Motions To Set Aside Or Reduce $61M Damages Award In TCPA Class Action
In the past several years, Dish Network, LLC has found itself a target of several class actions for violations of the Telephone Consumer Protection Act.
United States
6 Nov 2017
New Federal Appeals Court Ruling Provides Ray Of Sunshine For TCPA Defendants: Contractual Consent To Receive Calls Cannot Be Revoked
Lawsuits under the Telephone Consumer Protection Act (TCPA) have become the second most common form of consumer protection claim brought in federal court.
United States
3 Jul 2017
Supreme Court Refuses To Extend The Scope Of The FDCPA To Consumer Finance Company
We previously reported on oral arguments in this case during which the Court expressed some hesitation, making the outcome uncertain at that time.
United States
27 Jun 2017
TCPA Is Not Dead Yet – Court Trebles Eight Figure Tcpa Award While World Awaits ACA Decision
While the world eagerly awaits the D.C. Circuit's forthcoming ruling on the proper interpretation of the Telephone Consumer Protection Act (TCPA)...
United States
2 Jun 2017
Supreme Court Wavers During Oral Arguments In FDCPA Case That May Upend Entire Industry
On April 18, the United States Supreme Court heard long-awaited oral arguments in a case that addresses the fundamental issue of the definition of a "debt collector" under the Fair Debt Collection Practices Act.
United States
4 May 2017
High Call Volume Not Necessarily A Violation Of FDCPA Or Rosenthal Act
In Hinderstein v. Advanced Call Ctr. Techs., No. 15-100017, a case alleging violation of the federal Fair Debt Collection Practices Act and California's Rosenthal Fair Debt Collection Practices Act...
United States
23 Mar 2017
Blue Shield And SQM Defeat TCPA Putative Class Action Following Spokeo
U.S. District Judge Cathy A. Bencivengo recently dismissed a plaintiff's TCPA putative class claim due to lack of standing required under Article III.
United States
18 Oct 2016
FCC Sets Tight Boundaries For TCPA Government-Backed Loan Exception
As we previously reported, section 301(b) of the Bipartisan Budget Act of 2015 permits an exception to the TCP Act of 1991 for calls and text messages "made solely to collect a debt owed to or guaranteed by the United States."
United States
18 Aug 2016
FTC Consent Order With Two Ohio Auto Dealers Resolves Misleading Advertising Claims
The FTC barred the Progressive Dealers from misrepresenting the cost of vehicle purchases and leases, or "any other material fact about the price, sale, financing, or leasing of any vehicle."
United States
26 Jul 2016
CFPB Monthly Report Highlights Complaints About Various Consumer Loans
On June 28, the Consumer Financial Protection Bureau released its Monthly Complaint Report, which aims to provide "a high-level snapshot of trends in consumer complaints"...
United States
15 Jul 2016
Sirius XM Settles TCPA Class Action For $35 Million
In one of the largest settlements in history under the Telephone Consumer Protection Act ("TCPA"), Sirius XM Radio Inc. agreed to pay $35 million to resolve putative class actions filed throughout the country...
United States
8 Jul 2016
CFPB Releases "Know Before You Owe" Guide For Auto Purchases
The Consumer Financial Protection Bureau ("CFPB") has released an "auto loan shopping sheet" and other online resources as part of its "Know Before You Owe" initiative...
United States
30 Jun 2016
CFPB Warns Of Debt Risks For Car Title Loans, Foreshadows Upcoming Regulation
On May 18, the Consumer Financial Protection Bureau issued a 24-page report regarding consumer usage and default patterns for vehicle title loans.
United States
3 Jun 2016
Eighth Circuit Joins Minority In Circuit Split As To Ascertainability Standard For Class Actions
In Sandusky, the defendant toxicology lab contacted pediatricians, family practitioners, health departments, and child-focused organizations about its lead testing capabilities.
United States
12 May 2016
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