Consumer Financial Services Legal Update Blog

The Ninth Circuit Makes it Easier to Plead Text Message TCPA Cases

Courts need to examine whether there is enough pled to infer that texts were sent from equipment that has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator. The focus is on the capacity of the equipment used to place the text messages, and not whether they were sent “randomly.”

A Review of the Law Governing Qualified Written Requests

On January 12, 2017, Judge Failla of the District Court for the Southern District of New York issued an opinion in a case involving QWR-related claims that provides additional guidance regarding the liability risks that mortgage servicers face in connection with QWRs.