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Telephone Consumer Protection Act › Allegations

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Klein Moynihan Turco LLP

Carefully Examine Those TCPA Complaints!

Klein Moynihan Turco LLP on

Last month, in Woodard v. Health Insurance Alliance (“HIA”), a judge for the United States District Court for the Eastern District of Illinois issued a useful decision for defendants, dismissing Plaintiff’s Telephone Consumer...more

Faegre Drinker Biddle & Reath LLP

Southern District of California Dismisses TCPA Due to Speculative ATDS Allegations

Faegre Drinker Biddle & Reath LLP on

The Southern District of California recently dismissed the TCPA case Hildre v. Heavy Hammer, Inc., No. 3:20-cv-00236, 2021 WL 734431 (S.D. Cal. Feb. 25, 2021), for the plaintiff’s failure to adequately allege that the...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending April 17, 2020

Carlton Fields on

Real Property Update - Foreclosure / Redemption / Intervention: Claim for right of redemption procedurally barred once certificate of title issued; party failed to appeal earlier order denying right to intervene in...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending November 8, 2019

Carlton Fields on

Financial Services Update - FDCPA & FCCPA / Debt Collection Activity / Monthly Mortgage Statements: Monthly mortgage statements required by TILA and sent to plaintiff did not amount to “debt collection” because they did...more

Womble Bond Dickinson

Innocent Until Proven Guilty: TCPA Complaint Using Unproven Claims in Earlier Suit as Crowbar for “Information and Belief”...

Womble Bond Dickinson on

Determining what allegations are sufficient to establish direct and vicarious liability in TCPA cases is almost as tricky as determining whether ATDS allegations are sufficient. Just last week I reported that platform...more

Womble Bond Dickinson

Making them Work For It: Court Dismisses TCPA Case for Lack of Factual Allegations Regarding ATDS Usage

Womble Bond Dickinson on

Quick tip: While the focus these days in TCPAland is on the definition of ATDS–and quite properly so— it should not be forgotten that threadbare recitals of ATDS usage at the pleadings stage are categorically improper....more

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