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
Last week the District of Ohio, in Barton v. Credit One Financial, held that a consumer could not orally and unilaterally revoke consent under the Telephone Consumer Protection Act (TCPA) to be called once given contractually. Barton opened a credit card with Credit One via an online application through which he provided his cell
In Boger v. Trinity Heating & Air, Inc., a court in the District of Maryland permitted Boger to bring simultaneous claims under the Maryland Telephone Consumer Protection Act (MTCPA) and the federal Telephone Consumer Protection Act (TCPA), opening the door for Boger to recover attorneys’ fees and possibly damages under both statutes. The relatively
