In Vilinsky v. Phelan Hallinan & Diamond, PC, 2016 WL 805970, at *2 (C.A.3 (N.J.),2016), the Court of Appeals for the Third Circuit found that a notice of assignment sent directly to a represented debtor did not violate the FDCPA because it was not in connection with the collection of the debt. The issue in this case is whether a… Read More
In O'Hanlon v. 24 Hour Fitness USA, Inc., 2016 WL 815357, at *6 (N.D.Cal., 2016), Judge Freeman stayed a TCPA class action pending the outcome of Spokeo, but felt it inappropriate to wait for the DC Circuit to decide the ACA case because the district court would not be bound by the DC Circuit's decision. For the foregoing reasons, Defendant's motion to stay… Read More
In Gehrich v. Chase Bank USA, N.A., 2016 WL 806549, at *19 (N.D.Ill., 2016)Ill., Judge Feinerman approved a $34M TCPA Class Action settlement. For the foregoing reasons, the motions for class certification and incentive awards are granted, while the motions for final approval of the settlement and for attorney fees are granted in part and denied in part. The court modifies… Read More
In Fitzhenry v. Career Education Corporation, 2016 WL 792312, at *3 (N.D.Ill., 2016), Judge Darrah held that a TCPA Plaintiff properly pleaded derivative liability in a TCPA class action, and held that a professional TCPA Plaintiff could still be a proper class representative. Judge Darrah held that the facts as pleaded adequately pleaded derivative liability. Defendants argue that Plaintiff has not… Read More
In Hensarling v. Wells Fargo Bank, N.A., 2016 WL 775950, at *3-4 (E.D.Cal., 2016), Judge Mueller held that a TCPA Plaintiff must plead more that the definition of an ATDS -- it must plead that it was used somehow, as in the existence of pauses or clicks. Here, plaintiffs' TCPA claim can advance only if plaintiffs have alleged sufficient facts… Read More
In Reynolds v. Credit Management Services, Inc., 2016 WL 756469, at *3-4 (D.Neb., 2016), Judge Strom denied summary judgment to a debt collection agency owner on the basis that a triable issue of fact existed on whether he met the FDCPA's definition of "debt collector". The Court here notes a split of authority between the United States Courts of Appeals… Read More
News Release: https://protect-us.mimecast.com/s/QQeeBDuJmEDSg Letter to Financial Institutions: http://files.consumerfinance.gov/f/201602_cfpb_letter-to-banks-on-lower-risk-accounts.pdf Bulletin: http://files.consumerfinance.gov/f/201602_cfpb_supervisory-bulletin-furnisher-accuracy-obligations.pdf Read More
In Keim v. ADF Midatlantic LLC, 2015 U.S. Dist. LEXIS 159070 (S.D. Fla. Nov. 9, 2015) (unpublished), Judge Marra denied a motion to dismiss based on the argument that human intervention disqualified the text message campaign engaged in by Pizza Hut. In Keim, consumers were encouraged to submit the cellphone numbers of their friends in exchange for Pizza Hut coupons, and… Read More
In Bedrosian v. State Collection Service, Inc., 2016 WL 743390, at *2-3 (E.D.Mo., 2016), Judge White dismissed an FDCPA Plaintiff's claim, saying that simply responding to the Plaintiff's questions about the possibilities of what could happen if the Plaintiff did not pay her debt did not constitute an illegal threat. Defendant contends that Plaintiff fails to state a claim under Section… Read More
In Zean v. Fairview Health Services, 2016 WL 740412, at *3 (D.Minn., 2016), Judge Magnuson found that lack of consent was part of a TCPA Plaintiff's pleading obligation, and then found that the Plaintiff's providing his cell phone number constitute express consent to receive telemarketing calls. Elkins found support in the decisions of “one circuit court and many district courts,”… Read More
In Payton v. Kale Realty, LLC, 2016 WL 703869 (N.D. Ill. 2016), Judge Lefkow held that a web service was exempt from the TCPA. Regardless of plaintiffs' self-defeating argument, the undisputed facts establish that VoiceShot provides telecommunication services rather than information services. While plaintiff is correct that VoiceShot's services include data storage to allow users to store contact lists and past… Read More
In Diaz v. First Marblehead Corp., 2016 WL 736361, at *7 (11th Cir. 2016), the Court of Appeals for the 11th Circuit reversed the trial court's ruling imposing reverse attorneys' fees against a debtor. Although there was no evidence that Diaz, herself, had acted in bad faith or for the purpose of harassment when she brought the lawsuit, the magistrate… Read More
In Pettye v. Santander Consumer, USA, Inc., 2016 WL 704840, at *3-4 (N.D.Ill., 2016), Judge St. Eve dismissed a TILA claim filed against an auto finance company because the disclosures regarding GAP complied with TILA or any violations were not apparent on the face of the disclosure statement. An assignee is liable only where the TILA violation appears on… Read More
In O'Shea v. American Solar Solution, Inc., 2016 WL 701215, at *3 (S.D.Cal., 2016), Magistrate Judge Brooks ordered discovery to be produced by the TCPA defendant. Magistrate Brooks ordered outbound dial call lists to be produced. Specifically, these requests generally concern the total number of call recipients and the total number of phone calls made to them. (See Mot.… Read More
In Gallego v. Northland Group Inc., 2016 WL 697383, at *3-4 (C.A.2 (N.Y.),2016), the Court of Appeals was called on to review the District Court's denial of class certification in an FDCPA class action. The Court of Appeals first expounded on whether there was a substantial federal question, because the FDCPA claim was grounded in a violation of state law --… Read More
In Shular v. LVNV Funding LLC, 2016 WL 685177, at *9-10 (S.D.Tex., 2016), Judge Lake denied class certification for almost all reasons applicable to FRCP Rule 23, but one of which was the inability to determine commonality or who was in the class because of questions whether the debts were "personal" in nature. The class action arose from Plaintiff's contention… Read More
In Harrington v. Roundpoint Mortgage Servicing Corporation, 2016 WL 659331, at *2-4 (M.D.Fla., 2016), the District Court denied a creditor's motion to dismiss a TCPA action, disagreeing with the argument that the TCPA prohibits the imposition of vicarious liability. According to Plaintiff, RoundPoint placed nonemergency calls to his cell phone numbers using an automated dialer or a prerecorded voice without… Read More
In Mestayer v. Experian Information Solutions, Inc, 2016 WL 631980, at *1 (N.D.Cal., 2016), Judge Chen dismissed a Plaintiff's FCRA/CCRAA claims grounded in credit reporting during bankruptcy proceedings. On or about November 25, 2013, Ms. Mestayer filed for bankruptcy in the Northern District of California. On or about April 20, 2014, she received a bankruptcy discharge. During the bankruptcy proceedings, Ms.… Read More
In Selou v. Integrity Solution Services Inc., 2016 WL 612756, at *4-6 (E.D.Mich., 2016), Judge Parker found that LiveVox was not vicariously liable for the TCPA violations perpetrated by entities to whom it sold its technology. Plaintiff appears to be alternatively arguing in her response brief that LiveVox can be held vicariously liable for the alleged TCPA violations. (See ECF… Read More
In Banarji v. Wilshire Consumer Credit, 2016 WL 595323, at *3 (S.D.Cal., 2016), Judge Benitez denied class certification in a TCPA class action because the Plaintiff was not typical. The Plaintiff took out a loan with WCC, listing his cell phone number as ending in 0861 and his email address as “alubanarji@gmail.com”. He also listed his daughter, Plaintiff, as a reference… Read More
