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CEB Prac. Guide § 2B.18: "Called Party" -- Unintended Recipients

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9th Cir. Follows Soppet and Osorio; Panel Seems to Invite En Banc Review of Marks

by Scott J. Hyman |

In N. L. v. Credit One Bank, N.A., Nos. 19-15399, 19-15938, 2020 U.S. App. LEXIS 17434 (9th Cir. June 3, 2020), the Court of Appeals for the 9th Circuit followed Soppet and Osorio decisions regarding calls to recycled to cellular telephones. Credit One also attempts to draw support from certain orders of the FCC, which has authority to promulgate regulations implementing… Read More

District Court (Fla.) Says Collection Call That Was Re-Routed to Plaintiff Does Not Make Plaintiff the “Called Party” under the TCPA

by Scott J. Hyman |

In Thompson v. Portfolio Recovery Assocs., No. 19-cv-62220-SINGHAL/Valle, 2020 U.S. Dist. LEXIS 72971, at *4-6 (S.D. Fla. Apr. 25, 2020), the District Court granted summary judgment to a debt collector in a TCPA case. A. The "Called Party".  From what can be gathered, it appears case law on the undefined term "called party" is rather thin. Nevertheless, PRA insists Plaintiff… Read More

District Court (Mass.) Permits “Reasonable Reliance” Defense in TCPA Re-assigned Number Case

by Scott J. Hyman |

In Sandoe v. Bos. Sci. Corp., Civil Action No. 18-11826-NMG, 2020 U.S. Dist. LEXIS 2800, at *11-12 (D. Mass. Jan. 8, 2020), Judge Gorton granted summary judgment on a TCPA "re-assigned" number case, permitting a "reasonable reliance" defense. The First Circuit Court of Appeals has not addressed this issue and the district courts in this Circuit and other circuits that… Read More

District Court (N.Y.) Says LiveVox System Was An ATDS Under TCPA; Says No “Reasonable Reliance” Defense To Wrong-Number Call

by Scott J. Hyman |

In Jiminez v. Credit One Bank, N.A., No. 17 CV 2844-LTS-JLC, 2019 U.S. Dist. LEXIS 53096 (S.D.N.Y. Mar. 28, 2019), Judge Swain found that a LiveVox system constituted an ATDS under the TCPA. The Court next turns to the question of whether the LiveVox system at issue in this case is a predictive dialer within the meaning of the FCC's… Read More

District Court (Minn.) Finds No ATDS Was Used; Finds No Liability to Called Party Possessing Recycled Phone Because Caller Reasonably Relied on Consent of Its Customer

by Scott J. Hyman |

In Roark v. Credit One Bank, N.A., Defendant., 2018 WL 5921652 (D.Minn., 2018), Judge Magnuson found that no ATDS was used by a caller under post-ACA standards. Roark is incorrect that ACA Int’l has no bearing on previous FCC rulings that determined that predictive dialing systems are autodialers. The D.C. Circuit in fact rejected this very argument. “According to the [FCC],… Read More

District Court (Md.) Finds Debt Collection Calls Exempt from TCPA

by Scott J. Hyman |

In Farrish v. Navy Federal Credit Union, 2017 WL 4418416, at *2–3 (D.Md., 2017), Judge Chasanow dismissed a TCPA claim based on debt collection calls placed by a credit munition because such calls are exempt from the TCPA. The TCPA prohibits certain problematic telephone solicitation practices. 47 U.S.C. § 227(b). In enacting the TCPA, Congress allowed the Federal Communications Commission (“FCC”)… Read More

Debt Collectors’ Trade Group Sues FCC to Challenge TCPA Declaratory Ruling

by Scott J. Hyman |

ACA International, the national debt collectors' trade organization, sued the FCC to challenge the FCC's declaratory ruling on the TCPA.  A copy of the lawsuit can be found here:  ACA Petition for Review 7-13-15. The ACA's press-release described the substance and purpose of their action: ACA International has been at the forefront of a long-time effort to clarify application and… Read More

FCC Issues Omnibus Declaratory Ruling and Order on ATDS, Consent, Revocation, “Called Party”, and Informative/Telemarketing Calls

by Scott J. Hyman |

The FCC's Omnibus Ruling, along with the comments of Commissioners Wheeler, Clyburn, Rosenworcel, Pai, and O'Rielly can be found here. We will be evaluating the Ruling, and Commissioners' comments.   For questions regarding the Ruling and its impacts, please contact the group leaders of Severson & Werson's TCPA team, Eric Troutman (ejt@severson.com) or Scott Hyman (sjh@severson.com). Read More

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