Searching Content indexed under Consumer Law 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
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
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
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
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
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
Missouri's Action Against Charter For Improper Telemarketing Largely Survives First Legal Test
A government enforcement action against Charter Communications, Inc. for alleged violations of federal and state telecommunications laws has mostly withstood the first legal challenge.
United States
27 Apr 2016
House Democrats Join Senate Colleagues With Introduction Of Identical HANGUP Act
House Democrats have joined an effort to ensure that the Telephone Consumer Protection Act of 1991 ("TCPA") applies to calls to collect government-backed debt.
United States
29 Mar 2016
FCC Circulates Draft Rule To Implement TCPA Exception For Government-Backed Loans
We will continue to monitor legislative developments and regulatory implementation of the TCPA in order to identify and advise on potential risks.
United States
9 Mar 2016
U.S. Supreme Court Wounds Important Defense To TCPA Class Actions, Raising Already High TCPA Risks
The United States Supreme Court issued an opinion that addresses a narrow procedural point with major implications for legal risks for companies under the Telephone Consumer Protection Act.
United States
26 Jan 2016
TCPA Suit Involving Reassigned Phone Number Stayed Pending Appeal Of FCC's Order
On December 17, Judge Christina Snyder of the United States District Court for the Central District of California granted a motion to stay a lawsuit under the Telephone Consumer Protection Act...
United States
24 Jan 2016
FCC Files Responsive Brief In D.C. Circuit Appeal In Support Of Controversial TCPA Order
On January 15, the Federal Communications Commission defended its controversial July 10, 2015 Order (the "Order") expansively interpreting the Telephone Consumer Protection Act...
United States
20 Jan 2016
DOJ Battles Facebook On Constitutionality Of TCPA
On December 11, 2015, the United States Department of Justice filed an intervenor's brief in support of the constitutionality of the "emergency calls exception" in the Telephone Consumer Protection Act ("TCPA")...
United States
18 Jan 2016
The FCC Continues To Expand The Scope Of The TCPA
Club Texting is a company that acts as a broadcasting service for businesses that wish to send mass texts. Club Texting does not control the content of texts or the numbers to which they are sent.
United States
17 Jan 2016
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