Newsletters

01.25.18

The Eight Key Elements of Effective Compliance Programs

Mandated compliance programs are not a new concept, but they have evolved over time.


01.24.18

2017 in Review: Significant TCPA Litigation and Regulatory Developments

Undeniably, 2017 was a big year for the Telephone Consumer Protection Act (TCPA), from the transition of power at the Federal Communications Commission (FCC) to a slew of cases directly impacting TCPA compliance and litigation.


01.24.18

Clear Evidence of Consent Defeats TCPA Action

Finding “uncontroverted” evidence of consent, a federal district judge from the Eastern District of Michigan granted summary judgment in favor of the defendant in a TCPA action.


01.24.18

Court Rejects Plaintiff’s Efforts to Expand Discovery Beyond Fax

Prohibiting the plaintiff from broader discovery based on “mere speculation” about the existence of other fax advertisements, a Pennsylvania federal court limited discovery in a putative TCPA class action to the fax received by the plaintiff.


01.24.18

Dinner Invite Fax Could Be an Ad

A three-page fax inviting the recipients to a dinner program could constitute an advertisement and was sufficient to establish standing, an Illinois federal court has ruled in denying a defendant’s motion to dismiss a TCPA suit.


01.24.18

Table for Two: Restaurant’s Text Did Not Violate TCPA

A text message related to a transaction initiated by the plaintiff could not violate the TCPA, a California federal court held in dismissing a putative class action.


01.24.18

Verizon Wins Summary Judgment in VoIP Calls Case

A federal district judge in Massachusetts issued a summary judgment ruling in favor of Verizon in a putative TCPA class action that promises to fan the flames in the growing debate over TCPA liability for calls made to numbers assigned to Voice over Internet Protocol (VoIP) services, particularly ...


01.24.18

Mulvaney to CFPB: No More ‘Regulation by Enforcement’

In an email to staff leaked to ProPublica, Acting CFPB Director Mick Mulvaney questioned the “previous governing philosophy” of the bureau, and he signaled a major shift in enforcement methodologies and priorities by suggesting the days of “regulation by enforcement” were ...


01.18.18

CFPB News: Existential Questions, Payday Lending Reexamined

It’s a huge week for the Consumer Financial Protection Bureau (CFPB), as it announces a “call for evidence” on how well it is performing its “proper and appropriate” functions, and the bureau announces that it will reconsider a tough payday lending rule that was ...


01.18.18

Ninth Circuit: California Surcharge Law Unconstitutional

The U.S. Court of Appeals for the Ninth Circuit, following decisions from three other circuit courts and the Supreme Court, ruled that California’s statute banning surcharges on credit card purchases is unconstitutional.