In Dominguez v. Yahoo!, Inc., the Third Circuit issued a precedential decision, requiring calling platforms have present—not potential—capacity to store or produce and call telephone numbers using a random or sequential number generator to constitute an “autodialer” under the Telephone Consumer Protection Act (TCPA). After buying a used smartphone, Dominguez received texts from Yahoo …
On June 21, Judge Loretta Preska of the Southern District of New York concluded that the Consumer Financial Protection Bureau (“CFPB”) is unconstitutionally structured. This decision marks the first time in which a court has reached this conclusion.
In Consumer Financial Protection Bureau v. RD Legal Funding, LLC, the CFPB alleged RD Legal Funding,…
Last week the D.C. Circuit issued its mandate in ACA Int’l v. FCC making that decision final. Not missing a beat, the FCC has already sought comments on key issues regarding the Telephone Consumer Protection Act (TCPA) left unclear in the wake of ACA. Primarily, the public notice issued yesterday identifies the following issues…
In 2010, Congress enacted the Dodd-Frank Act, which created the largely independent Consumer Financial Protection Bureau (“CFPB”) and empowered it with broad authority to investigate violations of consumer financial protection laws, including the Fair Credit Reporting Act (“FCRA”). Since then, the CFPB has grown in size and budget every year, along with an attendant annual…
