Portfolio Recovery Associates LLC (“Portfolio”) recently settled a multi-district class action that included roughly 7.4 million class members. Plaintiffs allege that Portfolio violated the TCPA by placing calls to cell phones using an ATDS without their consent. The settlement has not yet been approved by the court but it requires Portfolio to pay out $18… Continue reading $18 Million TCPA Class Action Settlement
Tag: Automatic Telephone Dialing System
$1 Million TCPA Settlement from Bank of America
A plaintiff filed a class action lawsuit in federal court in Florida on December 31, 2014 alleging that Bank of America, NB Holdings Corporation, and FIA Card Services, N.A. violated the TCPA by placing calls and sending text messages through the use of an ATDS or an artificial or prerecorded voice to cellular telephones belonging to consumers… Continue reading $1 Million TCPA Settlement from Bank of America
Court finds a Preview-Dialing Platform Not to be an Autodialer
A Plaintiff filed a lawsuit in the Southern District of Florida against The CBE Group, Inc. (CBE) and Verizon New England, Inc. (Verizon) alleging violations under the TCPA, among others. All parties moved for partial summary judgment arguing that there is no genuine dispute of material fact regarding Defendants’ liability under the TCPA or CBE’s liability… Continue reading Court finds a Preview-Dialing Platform Not to be an Autodialer
Partial Summary Judgment Granted Awarding at Least $360k
A federal court in Florida granted an order for partial summary judgment in favor of a plaintiff in a TCPA case against Navient Solutions, Inc. (NSI), and its affiliate, Student Assistance Corporation (SAC) which amounts to an award of over $360,000 with the potential for treble damages if the plaintiff can prove that the two defendants “willfully or knowingly” violated the TCPA. … Continue reading Partial Summary Judgment Granted Awarding at Least $360k
Consumer Files TCPA Class Action in CA Federal Court Against Three Timeshare Companies
A Los Angeles man filed a class action lawsuit in federal court in California on March 30 alleging that three timeshare companies, World Wide Vacations Inc., RCI LLC, and Interval International Inc., violated provisions of the Telephone Consumer Protection Act (TCPA). The lawsuit alleges that the companies advertise their products and services by calling consumers’ phones using… Continue reading Consumer Files TCPA Class Action in CA Federal Court Against Three Timeshare Companies
Court grants partial summary judgment in TCPA involving preview dialer
In a breath of fresh air, the United States District Court for the Middle District of Florida has granted the defendant’s motion for partial summary judgment in the case of Estrella v. LTD Financial Services, LP. The plaintiff in this case had alleged that the defendant used an ATDS to call the plaintiff’s cell phone, in… Continue reading Court grants partial summary judgment in TCPA involving preview dialer
Another California court declines to follow the FCC’s new ATDS interpretation
The District Court for the Central District of California recently granted the defendant’s motion for summary judgement in the case of Frejya v. Dun & Bradstreet, Inc. et al.
Court applies new FCC Order in TCPA case, but ignores future capacity standard
This week, in the case of Luna v. Shac, LLC et al., the District Court for the Northern District of California issued one of its first post FCC Declaratory Ruling decisions regarding the interpretation of an ATDS under the TCPA. While the court cited to the FCC’s Declaratory Ruling and Order supporting the position that… Continue reading Court applies new FCC Order in TCPA case, but ignores future capacity standard
Review of FCC’s new Declaratory Ruling and Order
n June 18, 2015 the FCC held an open meeting during which they voted to approve an omnibus package of declaratory rulings (the “Order”) that address 21 petitions received by the FCC concerning the interpretation and implementation of the Telephone Consumer Protection Act (“TCPA”).
FCC TCPA Declatory Ruling Released
Commission Responds to Requests from Businesses and Attorneys General for Guidance on Robocall Blocking, Autodialers, Recycled Phone Numbers and More.