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.”
Consumer Financial Services Legal Update Blog
Dorsey’s Artin Betpera Advocates on Behalf of the Mortgage Industry with the California MBA at the State Capitol
While legislators were furiously debating an increase in the California state gas tax (already one of the highest in the nation), the California Mortgage Bankers Association descended upon their offices to advocate on behalf of the mortgage banking industry.
A number of industry trade associations have hit back with well-reasoned opposition documents submitted in various filings to the FCC just a few days ago.
Student Loan Creditor Off the Hook for Third Party Collectors’ TCPA Violations, But is Not Exempt for Collecting Government Backed Debts
A District Court in the Southern District of California recently cut loose a student loan creditor entangled in a Telephone Consumer Protection Act (TCPA) lawsuit, finding the defendant was not vicariously liable for the alleged TCPA violations by its third party collectors.
In Zambrana v. Pressler & Pessler LLP, the Southern District Court of New York stayed a putative class action against various creditors for alleged violations of the Fair Debt Collection Practices Act (FDCPA), referring the matter to arbitration.
Dorsey partners Eric Epstein, David Scheffel, and Nicholas Vlietstra have authored an article titled, “Ten Key Points about the Bank Examination Privilege,” which has been published by Business Law Today.
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.
On February 6, 2017, Dorsey partners Eric Epstein, David Scheffel, Nicholas Vlietstra, and Jenny Lee presented a webinar titled, “The Bank Examination Privilege – Current Developments.”
BREAKING: FCC Seeks Comment on Petition Asking it to Overturn Presumed Prior Express Consent Rule for Informational Calls
The Commission announced today that it is soliciting comments on a petition for rulemaking and declaratory ruling filed by Craig Moskowitz and Craig Cunningham.
On February 3, 2017, President Trump signed an Executive Order on “Core Principles for Regulating the United States Financial System.” This is what the Order might mean for the Consumer Financial Protection Bureau (CFPB).
It’s not every day that a federal court describes a regulation as “a ‘mongrel’ – with no offense to dogs.” But last week, that’s how a federal court characterized a Federal Communications Commission (FCC) regulation on the Telephone Consumer Protection Act (TCPA).
Ninth Circuit Further De-Fangs Spokeo in a TCPA Case; Gives Practical Revocation Guidance for the First Time
Yesterday the Ninth Circuit issued a big new decision addressing three of my favorite topics: Spokeo, express consent, and revocation. The decision provides quite a bit to chew on.
Facebook’s Birthday Text Lawsuit Survives Pleadings Stage; TCPA Survives Strict Scrutiny for the First Time
In Colin Brickman, v. Facebook, the Court denied Facebook’s motion to dismiss, determining that the Plaintiff had plausibly alleged the use of an ATDS in connection with birthday text alerts that were sent to his phone.