Hinshaw continues to monitor the deepening circuit split over what constitutes an automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act (TCPA), which restricts certain automated calls and text...more
We now have a split among federal circuits regarding the definition of an automatic telephone dialing system (ATDS), under the Telephone Consumer Protection Act (TCPA), which limits automated calls and text messages. What...more
2/27/2020
/ ATDS ,
Auto-Dialed Calls ,
Corporate Counsel ,
FCC ,
Prior Express Consent ,
Robocalling ,
Split of Authority ,
Statutory Interpretation ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages
After a car dealership (allegedly) texted a person who listed a car for sale on Craiglist, the would be seller filed a class action suit against the dealer claiming the texts were unsolicited, made without consent, and...more
A Flawed Class Definition – Court Grants Defendant's Motion to Strike Consumer's Proposed Class -
Cholly v. The Uptain Group., et al, 1:15-cv-05030 -
In Cholly v. The Uptain Group Inc., et al, the defendant debt...more
3/20/2017
/ Article III ,
ATDS ,
Consumer Financial Products ,
Debt Collectors ,
Debtors ,
FDCPA ,
Mootness ,
Motion To Strike ,
Spokeo v Robins ,
Standing ,
TCPA
Courts Are Giving "Standing" Teeth After Spokeo -
Since the U.S. Supreme Court ruling in Spokeo, Inc., v. Robins, courts have further clarified and interpreted the Spokeo decision. Spokeo held that (i) in order to...more
Seventh Circuit Rules: Filing a Proof of Claim for Old Debt Is Okay — Circuits Split -
Owens et al. v. LVNV Funding LLC et al., Nos. 15-2044, 15-2082, 15-2109 (7th Cir. Aug.10, 2016) -
In Owens v. LVNV Funding LLC,...more
8/30/2016
/ Appeals ,
Consumer Financial Protection Bureau (CFPB) ,
Damages ,
Debt Collectors ,
Debtors ,
Evidence ,
FDCPA ,
Foreclosure ,
Mortgage Lenders ,
Pre-Judgment Interest ,
Proof of Claims ,
Reversal ,
Split of Authority ,
Spokeo ,
Spokeo v Robins ,
Standing ,
Tax Sales ,
TCPA