Last week, the FTC filed comments regarding the FCC’s recent June 6 Notice of Proposed Rulemaking. In its comments, the FTC expressed concern because they field numerous complaints about collections robocalls.
Tag: TCPA
Trump Campaign Faces Two TCPA Class Actions
Two different plaintiffs filed separate TCPA nationwide class actions in federal court for the Northern District of Illinois against Donald J. Trump for President, Inc. Both plaintiffs allege that the Trump Campaign sent them a text message with the following message: “Reply YES to subscribe to Donald J. Trump for President. Your subscription will help… Continue reading Trump Campaign Faces Two TCPA Class Actions
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.
Did you know that your neck could be on the line?
A new ruling in New York specifies that litigators can effectively go after well-intentioned individuals for TCPA violations, not just businesses. The ruling also extends prosecution beyond those who directly committed the violation. Anyone associated with the action, such as a supervisor or director could be held responsible. The Southern District of New York, in… Continue reading Did you know that your neck could be on the line?
$18 Million TCPA Class Action Settlement
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
Private Plaintiffs Are Suing at a Higher Rate
Two recient cases indicate that not only are private plaintiffs suing at a higher rate, but also state’s Attorney General offices are involved as well. With such increased involvement, this is another reason companies and marketers should be scrubbing federal and state do-not-call lists. Pennsylvania Attorney General Files Suit Alleging State Telemarketing Law Violations The Pennsylvania Attorney General… Continue reading Private Plaintiffs Are Suing at a Higher Rate
$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
FCC Files Amicus Brief in Support of TCPA Plaintiff
On April 6, 2016, the FCC submitted an amicus curiae brief to the U.S. Court of Appeals for the Second Circuit in a TCPA case in which the plaintiff alleges that the defendant violated the TCPA by placing a robocall to a residential phone line.