Craig Cunningham is among the most notorious serial plaintiffs in consumer protection law, but his most recent attempt to enrich himself thanks to the Telephone Consumer Protection Act (TCPA) has been unsuccessful. Cunningham is infamous for having represented himself in dozens of Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), and TCPA… Continue reading Infamous Serial Plaintiff’s Latest Lawsuit Dismissed
Author: stefen
FCC Enforcement of Spoofed Robocalls Leads to Proposed $225 Million Fine
The Federal Communications Commission (FCC) has made enforcement of robocall violations, particularly those involving spoofed numbers, a top priority, particularly since the passage of the TRACED Act at the end of last year. The latest element of this ongoing project is the largest proposed fine in the FCC’s history, $225 million, against a Texas-based health… Continue reading FCC Enforcement of Spoofed Robocalls Leads to Proposed $225 Million Fine
Judge in Trump Campaign TCPA Lawsuit Adopts Marks Definition of ATDS
In the latest decision in the ongoing Telephone Consumer Protection Act (TCPA) class action against President Trump’s re-election campaign, the Eighth District Court of Appeals adopted the expansive definition of what constitutes an Automatic Telephone Dialing System (ATDS) previously set forth in the Ninth Circuit’s infamous, landmark decision in Marks v. Crunch San Diego, LLC.… Continue reading Judge in Trump Campaign TCPA Lawsuit Adopts Marks Definition of ATDS
FCC and FTC Warn Three Gateway Providers About COVID-Related Scam Robocalls
The Federal Communications Commission (FCC) and Federal Trade Commission (FTC) issued letters to three gateway providers demanding that they shut off traffic to overseas robocallers whom the Commissions have identified as engaging in scam calls related to the COVID-19 pandemic. In the press release accompanying the letters, FCC Chairman Ajit Pai is quoted as saying,… Continue reading FCC and FTC Warn Three Gateway Providers About COVID-Related Scam Robocalls
Minnesota Extends Work-From-Home Order and Clarifies Procedures for Debt Collectors
Last Friday, the Minnesota Department of Commerce issued Regulatory Guidance 20-27 clarifying remote work procedures for the debt collection industry and extending that guidance to cover Governor Tim Walz’s extension of the state’s COVID-19 peacetime emergency declaration. Governor Walz initially declared a peacetime emergency due to the COVID-19 crisis on March 13, 2020. On March… Continue reading Minnesota Extends Work-From-Home Order and Clarifies Procedures for Debt Collectors
Judge Rules That Massachusetts’ Emergency Debt Collection Ban Is Unconstitutional
At the end of March, Massachusetts Attorney General Maura Healey filed emergency regulations banning the collection of consumer debt during the COVID-19 crisis, including a 90 day ban on debt collection calls and text messages to Massachusetts residents. Last week, a judge issued an injunction preventing the Attorney General from enforcing that ban. The injunction… Continue reading Judge Rules That Massachusetts’ Emergency Debt Collection Ban Is Unconstitutional
Seller Files Complaint Against Marketer Alleging Fraudulent TCPA Consent
An energy supplier that is a defendant in a class action for alleged Telephone Consumer Protection Act (TCPA) has filed a counterclaim against a third-party leads generator, alleging that the TCPA violations came about because they expressly disregarded compliance instructions and then falsified documentation to cover up their misdeeds. The energy company, Direct Energy, hired… Continue reading Seller Files Complaint Against Marketer Alleging Fraudulent TCPA Consent
Supreme Court Finally Hears Oral Arguments in TCPA Case
After a delay due to the COVID-19 crisis, the Supreme Court heard oral arguments on Wednesday in a case—William P. Barr, et al. v. American Association of Political Consultants, et al.—that could very well result in the Telephone Consumer Protection Act (TCPA) being ruled unconstitutional. We offer you a summary of these oral arguments based… Continue reading Supreme Court Finally Hears Oral Arguments in TCPA Case
Top 5 Risks for Inbound Calling Centers
Telemarketers must often navigate a minefield of risks. The Telephone Consumer Protection Act (TCPA), Telemarketing Sales Rule (TSR), various Do Not Call (DNC) laws, and other regulatory statutes present a vast array of potential, costly violations. Ah, but you may be saying, “I only take inbound calls and all of these regulations apply to outbound… Continue reading Top 5 Risks for Inbound Calling Centers
What a TCPA Lawsuit Can Cost You
Who stands to bear the costs of a Telephone Consumer Protection Act (TCPA) lawsuit? If you have to ask, the answer is probably, “You do.” Any business that conducts a significant amount of telephone solicitations is at risk of running afoul of the TCPA. Even non-marketing calls can trigger TCPA liability.