In this episode of Consumer Finance Compass, Balch’s Jason Tompkins, partner in Balch & Bingham’s Consumer Finance Compliance & Defense Practice, explores the Third Circuit’s new decision holding that furnishers have no...more
On May 7, 2019, the Consumer Financial Protection Bureau (CFPB) released a much anticipated proposed rule regarding the Fair Debt Collection Practices Act (FDCPA). ...more
This article addresses the Court’s reversal of over a decade of confusion regarding autodialers. The TCPA defines an autodialer (automatic telephone dialing system, or ATDS) as “equipment which has the capacity (a) to store...more
3/20/2018
/ Appeals ,
ATDS ,
Auto-Dialed Calls ,
Consent ,
Consumer Financial Products ,
Exemptions ,
FCC ,
Health Care Providers ,
Revocation ,
Safe Harbors ,
TCPA
Here, we address one significant component of the decision: the D.C. Circuit’s confirmation that consumers may revoke consent to call by any reasonable means but with the qualification that parties may be able to contract...more
3/20/2018
/ Appeals ,
ATDS ,
Auto-Dialed Calls ,
Consent ,
Consumer Financial Products ,
Exemptions ,
FCC ,
Health Care Providers ,
Revocation ,
Safe Harbors ,
TCPA
Here, we examine the D.C. Circuit’s reversal of not simply the one-call safe harbor for reassigned numbers imposed by the FCC’s 2015 TCPA ruling but also the Commission’s treatment of reassigned numbers as a whole. ...more
3/20/2018
/ Appeals ,
ATDS ,
Auto-Dialed Calls ,
Consent ,
Consumer Financial Products ,
Exemptions ,
FCC ,
Health Care Providers ,
Revocation ,
Safe Harbors ,
TCPA
In a watershed case, the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) unwound key components of the controversial 2015 ruling by the Federal Communications Commission (FCC or Commission)...more
3/19/2018
/ Appeals ,
ATDS ,
Auto-Dialed Calls ,
Consent ,
Consumer Financial Products ,
Exemptions ,
FCC ,
Health Care Providers ,
Revocation ,
Safe Harbors ,
TCPA
What to do now about the new CFPB rule on arbitration? (1) begin planning now and (2) begin actual preparation after the 60 days runs.
Congress has 60 days after publication of the new CFPB rule to take action to stop the...more
The Dodd Frank Act expressly provided that any CFPB rule on arbitration would not apply to existing contracts. 12 U.S.C. § 5518(d). Therefore, the CFPB rule released last week will only bar class action waivers for...more