Welcome to the “Telephone Consumer Protection Act” chapter of our annual report, Consumer Financial Services: 2024 Year in Review.
Companies were mere hours away from implementing radical changes to lead forms and consent...more
3/17/2025
/ Artificial Intelligence ,
Class Action ,
Consent ,
Consumer Protection Laws ,
Enforcement Actions ,
Facebook ,
Facebook Inc v Duguid ,
FCC ,
Hobbs Act ,
McLaughlin Chiropractic Associates Inc v McKesson Corporation ,
Proposed Rules ,
Robocalling ,
State Attorneys General ,
State Legislatures ,
TCPA ,
Telemarketing ,
Wiretapping
In a significant development, for the first time under Consumer Financial Protection Bureau Acting Director Russell Vought, CFPB litigators have informed a court that they have received authority from the Acting Director to...more
As the debate simmers about the proper application of the wiretapping provisions of the California Invasion of Privacy Act (CIPA), courts continue to weigh in on what technologies may constitute improper third-party...more
2/28/2025
/ Artificial Intelligence ,
California ,
CIPA ,
Consent ,
Data Collection ,
Data Privacy ,
Invasion of Privacy ,
Privacy Concerns ,
Privacy Laws ,
Third-Party ,
Wiretapping
Late in the afternoon on January 24, 2025, the Federal Communications Commission’s (FCC) “One-to-One Consent Rule,” which was scheduled to take effect on January 27, 2025, was struck down and vacated by the US Court of...more
On September 13, 2024, the United States District Court for the Southern District of Texas granted in part and denied in part the defendants’ motion to dismiss in CFPB v. Colony Ridge, Case No. 4:23-cv-04729....more
10/1/2024
/ Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Justice (DOJ) ,
ECOA ,
Fair Housing Act (FHA) ,
Limited English Proficiency (LEP) ,
Mortgage Lenders ,
Mortgages ,
Motion to Dismiss ,
Real Estate Development ,
Redlining
On June 24, 2024, the Consumer Financial Protection Bureau (CFPB) announced that it had approved a new rule about the use of algorithms and artificial intelligence (AI) for home appraisals and valuations....more
7/12/2024
/ Algorithms ,
Appraisal ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
ECOA ,
Mortgage Lenders ,
Mortgage Loan Originators ,
New Rules ,
Popular ,
Property Valuation ,
Regulation Z
On April 24, 2024, the CFPB released its Supervisory Highlights, Mortgage Servicing Edition, (Issue 33, Spring 2024) which provides insight on the CFPB’s current focus in examining mortgage loan servicers. According to the...more
Welcome to the Telephone Consumer Protection Act chapter of our annual report Consumer Financial Services 2023 Year in Review.
Looking Ahead to 2024 -
States will continue to enact or update their mini-TCPA and...more
On November 22, 2023, the FCC released a Second Report and Order, Further Notice of Proposed Rulemaking, and Waiver Order (Report and Order) outlining new, proposed rules implementing the Telephone Consumer Protection Act, 47...more
The Authors previously published the below client alert on June 8, 2023, analyzing privacy litigation under the California Invasion of Privacy Act (CIPA) and other wiretap statutes in Pennsylvania and Maryland. We provide...more
On August 2, 2023, the CFPB announced that it had filed a complaint against a Georgia-based auto-loan servicer alleging “unfair acts and practices in violation of the Consumer Financial Protection Act of 2010 (CFPA), 12...more
Nearly two years ago, the Florida legislature amended Florida’s Telephone Solicitation Act (FTSA), Fla. Stat. § 501.059, resulting in voluminous consumer class action and other litigation after there had previously been next...more
6/23/2023
/ Amended Legislation ,
Auto-Dialed Calls ,
Facebook Inc v Duguid ,
Marketing ,
Prior Express Consent ,
Robocalling ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages ,
Unsolicited Phone Calls
The pace of internet consumer privacy class action litigation is skyrocketing. Remarkably, no specific legislative change in the law triggered the increase in litigation. Instead, the driver of this litigation explosion — in...more
6/9/2023
/ Class Action ,
Corporate Counsel ,
Data Privacy ,
Defense Strategies ,
Eavesdropping ,
Electronic Communications ,
Internet ,
Invasion of Privacy ,
Popular ,
Risk Mitigation ,
Smartphones ,
Statutory Interpretation ,
Third-Party Service Provider ,
Websites ,
Wiretapping
On May 31, 2023, the United States Department of Justice (DOJ), announced that it had entered into a settlement with a Philadelphia based bank and trust company over allegations that the bank had engaged in unlawful redlining...more
On May 31, 2023, the Consumer Financial Protection Bureau (CFPB) announced that it had entered into a consent order with an Indiana-based non-bank installment lender. The consent order alleges that the lender engaged...more
On November 23, 2021, the New York Attorney General (“NYAG”) announced an agreement shutting down a Buffalo, NY based debt collection firm that the NYAG alleges violated the Fair Debt Collections Practices Act (“FDCPA”), the...more
On August 3, 2022, the California Department of Financial Protection and Innovation (DFPI) announced that it had entered into a consent order with a Florida-based lending company that allegedly made “illegal loans.”...more
On May 26, 2022, the North Carolina Attorney General (NC AG) announced that it obtained a default judgment against a California-based debt settlement business, and its proprietor. The lawsuit, filed on June 25, 2021 in the...more
Since becoming law in July 2021, Florida’s Telephone Solicitation Act (FTSA), Fla. Stat. § 501.059(8)(a), has been a favorite of plaintiffs’ lawyers seeking to take advantage of its ambiguous restrictions on certain sales...more
6/1/2022
/ ATDS ,
Auto-Dialed Calls ,
Constitutional Challenges ,
Corporate Counsel ,
Dormant Commerce Clause ,
Facebook Inc v Duguid ,
First Amendment ,
Preemption ,
Prior Express Consent ,
Private Right of Action ,
Subway ,
TCPA ,
Telephone Sales ,
Text Messages
On May 23, 2022, the Consumer Financial Protection Bureau (CFPB) and the New York Attorney General (NY AG) announced that they have settled a case filed against six New York debt collection companies and affiliated...more
On April 21, 2022, the Consumer Financial Protection Bureau (CFPB) announced a joint enforcement action with the New York Attorney General (NY AG) against one of the largest international remittance providers in the...more
On April 15, 2022, the Federal Trade Commission (FTC) announced that it obtained a permanent injunction against an Illinois-based, offshore, for-profit medical school for deceptive marketing practices. In its complaint...more
On March 21, 2022, the Department of Justice (DOJ) announced that it obtained a permanent injunction against a credit repair company and its CEO, barring the company from making representations that it can improve consumers’...more
On November 23, 2021, New York Attorney General Letitia James (“New York AG”) announced that her office entered into an agreement with a debt collection company to resolve allegations that the company violated the Fair Debt...more