A California-based debt collector received an astoundingly high amount of damages in a verdict rendered this week. The jury in McMillion v. Rash Curtis & Associates, 4:16-cv-03396 (N.D. Cal.) hit the defendant with a $267 million verdict for Telephone Consumer Protection Act (TCPA) violations on 534,000 calls. While many debt-collection TCPA cases are never even… Continue reading California Jury Renders $267 Million TCPA Verdict Against a Debt Collector
Tag: Collections
CFPB Update Could Allow Unlimited Texts and Emails to Consumers
It’s been a big week for the Consumer Financial Protection Bureau (CFPB). Newly proposed debt collection rules that may update the 1977 Fair Debt Collection Practices Act (FDCPA) could allow debt collectors to send unlimited texts and emails to consumers. The proposed Regulation F contains detailed, substantive rules that will have a major impact on the… Continue reading CFPB Update Could Allow Unlimited Texts and Emails to Consumers
TCPA Debt Exemption Ruled Unconstitutional
In April, the Fourth Circuit struck down the TCPA Debt Exemption that permitted automated calls to cellphones when the calls were for the collection of government-backed debt such as a student loan. The ruling called the exemption “unconstitutional” and nearly resulted in the invalidation of the entire TCPA (Telephone Consumer Protection Act). It was May… Continue reading TCPA Debt Exemption Ruled Unconstitutional
$3.9 Million Settlement: Lawsuit Filing Fraud Alleged Against Debt Collector
Palisades Collection has settled a $3.9 million lawsuit in which the debt collector is alleged to have unlawfully sued customers of AT&T Wireless for the collection of debt. The lawsuit involves Palisades freezing their bank accounts and garnishing wages.
Strict ATDS Definition Results In TCPA Court Win
In Marshall v. The CBE Group, Inc. the plaintiff filed a TCPA lawsuit alleging that The CBE Group had called her using an ATDS. Citing the recent ACA v. FCC decision and stating that it would apply a strict definition of an ATDS, the court held that CBE’s, “communications infrastructure does not constitute an ATDS.”
TCPA Debt Collections Lawsuit Reinstated Against Creditor
The Ninth Circuit Court of Appeals reinstated a TCPA lawsuit previously dismissed for lack of Article III standing. The court’s decision to reinstate this lawsuit has important implications for defendants who challenge the TCPA at the pleading stage.
Debt Collection: Reassigned Numbers Risk TCPA Violation
The problem of reassigned numbers has only worsened. At issue is use of the autodialer. Unfortunately, using an autodialer increases your risk for regulatory violations. Are you next?
Court To Decide Major TCPA Changes
It could be the most important court decision to affect the telemarketing industry since the enactment of the Telephone Consumer Protection Act of 1991. The issues of concern in ACA Int’l v. FCC are autodialers, reassigned numbers, and revocation of consent.
FCC Releases Ruling on the New Government TCPA Exemption
On July 5, 2016, the FCC released a 23 page Declaratory Ruling further interpreting the new government TCPA exemption passed by congress as part of their recent bipartisan budget act.
FCC Releases Notice of Proposed Rulemaking Regarding Certain Government Collection Calls
Friday (May 6, 2016), the FCC formally released its Notice of Proposed Rulemaking (NPRM) regarding the new government ATDS exemption for calls regarding government-backed debts, such as government backed student loans and mortgages.