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Telephone Consumer Protection Act › Mortgage Lenders › The United States Federal Communications Commission

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
McGlinchey Stafford

Litigation Byte (July 2025 Edition)

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Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business. Second Department Holds Judicial Estoppel Bars...more

McGlinchey Stafford

Litigation Byte (June 2025 Edition)

McGlinchey Stafford on

SCOTUS Says: Hobbs Act Does Not Bind a District Court to the FCC’s Interpretation of a Statute - On May 1, 2025, the American Arbitration Association’s new amendments to the Consumer Arbitration Rules officially went into...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending April 26, 2019

Carlton Fields on

Real Property Update - • Foreclosure / Reverse Mortgage / Condition Precedent: bank failed to establish that the subject property was not the principal residence of surviving co-borrower under its reverse mortgage, a...more

Womble Bond Dickinson

FCC Nixes Mortgage Bankers' Petition on Autodialed Calls to Wireless Numbers

Womble Bond Dickinson on

The FCC’s Consumer and Governmental Affairs Bureau recently denied a petition from the Mortgage Bankers Association for an exemption from the prior express consent requirement for autodialed calls and texts to wireless...more

Seyfarth Shaw LLP

Sixth Circuit Weighs In On Prior Express Consent

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Under what circumstances does a person give his “prior express consent” to be contacted on his cellphone by a creditor? The Sixth Circuit recently examined that very question in Hill v. Homeward Residential, Inc., where it...more

Burr & Forman

Sixth Circuit Weighs in on TCPA “Prior Express Consent”

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The U.S. Court of Appeals for the Sixth Circuit recently addressed both the timing and scope of “prior express consent” under the Telephone Consumer Protection Act (“TCPA”). The plaintiff in Stephen M. Hill v. Homeward...more

Carlton Fields

6th Circuit Rules Prior Express Consent Defeats Mortgagor TCPA Claim Against Lender

Carlton Fields on

On August 21, the Cincinnati-based United States Court of Appeal for the Sixth Circuit issued its ruling in Hill v. Homeward Residential, Inc., 2015 WL 4978464 (6th Cir. August 21, 2015), and affirmed a jury verdict...more

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