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Telecommunications Debt Collection Financial Services Industry

Ballard Spahr LLP

DeSantis signs bill allowing debt collection emails between 9 p.m. and 8 a.m.

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Florida Gov. Ron DeSantis recently signed legislation making it clear that debt collection emails sent between 9 p.m. and 8 a.m. do not violate Florida law....more

Faegre Drinker Biddle & Reath LLP

As Courts Grapple With The Severability of The Federal Debt-Collection Exemption, SCOTUS Is Asked to Resolve The Issue

The 2016 amendments to the TCPA—which created an exemption for calls that are made “solely to collect a debt owed to or guaranteed by the United States”—have inadvertently reshaped the way that TCPA claims are litigated....more

Carlton Fields

Ninth Circuit Dials Back Robocall Exemption for Government Debt

Carlton Fields on

The Telephone Consumer Protection Act (TCPA) has long banned certain people from spamming your cellphone with “robocalls” placed through automated dialers. But this ban did not extend to all types of robocalls. If the call...more

Ballard Spahr LLP

FCC’s call blocking plans could create problems for collections

Ballard Spahr LLP on

Plans announced on May 15 by the FCC to empower voice service providers to offer more aggressive call-blocking programs could create significant problems for creditors and debt collectors. ...more

Polsinelli

The CFPB’s Long Awaited Debt Collection Rule is Certain to Shake Up the Industry

Polsinelli on

On May 7, 2019, the Consumer Financial Protection Bureau (CFPB) issued a Notice of Proposed Rulemaking (the Proposed Rulemaking) to implement portions of the Fair Debt Collection Practices Act (FDCPA)....more

Ballard Spahr LLP

To call or not to call: the NPRM’s proposed call frequency and time/place limitations

Ballard Spahr LLP on

In this blog post, we attempt to dissect and explore the Bureau’s proposed call frequency and time/place limitations in the recently-released debt collection NPRM. Proposed Call Frequency Limitations...more

Burr & Forman

Minnesota District Court Holds Predictive Dialer Not ATDS Under TCPA And Defendant Not Liable For Prerecorded Messages To...

Burr & Forman on

Plaintiff filed suit alleging Defendant violated the TCPA by calling his recently assigned cell phone number 140 times to collect debt from another, including leaving 4 prerecorded messages. ...more

Burr & Forman

Georgia Federal Court Finds Dialing System is Not an ATDS Due to Human Intervention

Burr & Forman on

In the wake of the D.C. Circuit’s ruling in ACA International v. Federal Communications Commission, 885 F.3d 687 (D.C. Cir. 2018), which struck down the FCC’s interpretations of “automatic telephone dialing system” (“ATDS”)...more

Smith Debnam Narron Drake Saintsing & Myers,...

Seventh Circuit Holds Voice Mail Message Is A Communication

The Seventh Circuit has held that a voice mail message left for a consumer is a “communication” under the FDCPA. In Hart v. Credit Control, LLC, 2017 U.S. App. LEXIS 18375 (11th Cir. Sept, 22, 2017), the debt collector left...more

Ballard Spahr LLP

Mortgage Industry Seeks Exemption Under TCPA

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The Federal Communications Commission (FCC) is expected in the near term to decide the fate of an exemption sought by the Mortgage Bankers Association (MBA) over the Telephone Consumer Protection Act's (TCPA) prior express...more

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