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Debt Collection › Robocalling › Class Action

Troutman Amin LLP

TCPA INSURANCE TO THE RESCUE?: Small Debt Collector Walks Away From Class Suit For Under Policy Limits

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TCPA insurance used to be very difficult to come by but slowly carriers are starting to write policies to protect companies from TCPA liability. Most of the policies are low limit high deductible affairs– $1MM is the max that...more

Faegre Drinker Biddle & Reath LLP

ATDS Status Turns on Capability of Dialing Equipment, Not Actual Use, Third Circuit Holds—But Liability Turns on Actual Use, Not...

Faegre Drinker Biddle & Reath LLP on

Last week, the U.S. Court of Appeals for the Third Circuit concluded that the TCPA’s definition of “automatic telephone dialing system” (or “ATDS”) includes all dialing equipment with the present ability to generate random or...more

ArentFox Schiff

Class Actions Quarterly Update: Supreme Court

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The Supreme Court ruled on several cases involving class actions in the last few months. A case awaiting certiorari could dramatically change the jurisdictional requirements for plaintiffs in class actions across the country....more

Pierce Atwood LLP

Despite Holding the TCPA’s Government Debt Exemption is Unconstitutional, the District of Massachusetts Permits Class Claims to...

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On September 24, 2019, the District of Massachusetts held in Katz v. Liberty Power Corp., LLC that the government debt collection exemption to the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. §§ 227 et seq., is an...more

Robinson+Cole Data Privacy + Security Insider

TCPA Class Action Tossed out After Hospital Provides Records Indicating Consent

Robinson+Cole Data Privacy + Security Insider on

Central Florida Regional Hospital (the Hospital) was released from a proposed class action last week for its alleged violations of the Telephone Consumer Protection Act (TCPA). The Hospital’s debt collector, Transworld...more

Robinson+Cole Data Privacy + Security Insider

TCPA Violations Claimed Against Rady Children’s Hospital in San Diego

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Rady Children’s Hospital-San Diego (Rady) was hit with a proposed class action in California federal court this week for alleged violations of the Telephone Consumer Protection Act (TCPA) for autodialed debt-collection calls...more

Burr & Forman

California Court Strikes Fail-Safe TCPA Class Definition

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Dixon v. Monterey Fin. Services, Inc., No. 15-cv-03298 (N.D. Cal. Aug. 22, 2016) - At issue before the Court was Plaintiff’s Amended Complaint, and Defendant’s second motion to strike class definition as a fail-safe...more

Foley & Lardner LLP

Class Action TCPA Case Dismissed Because Calls Were Made Solely To Collect a Debt Owed To Or Guaranteed By The United States

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The Pennsylvania Higher Education Assistance Agency autodialed student debtor, Neil Silver, in January 2014 in an effort to collect on student debt. Silver claimed that these calls were made without his consent, and therefore...more

K&L Gates LLP

Sixth Circuit Finds “Prior Express Consent” in Affirming Dismissal of TCPA Class Action against Healthcare Provider’s Debt...

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The Sixth Circuit (the “Court”) recently sided with a defendant-debt collector in a putative class action in which the plaintiffs claimed that the defendant’s calls to their cell phones violated the Telephone Consumer...more

BakerHostetler

“Don’t Call Us, We’ll Call You.” The FCC’s Latest TCPA Ruling Imposes Even More Restrictions on Telemarketing Calls and Texts

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On July 10, 2015, the Federal Communications Commission released the Omnibus Declaratory Ruling and Order (the Order) it adopted on June 18. The Order addresses requests for clarification regarding requirements under the...more

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