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Blog Posts in Unlawful Cellphone Contact Litigation (TCPA)

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  • District Court Rules Ocwen used ATDS to Call Individual
    District Court Rules Ocwen used ATDS to Call Individual

    The United States District Court for the Southern District of Florida recently held that Ocwen Loan Servicing, LLC violated the Telephone Consumer Protection Act (TCPA) by calling an individual’s cell ...

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  • Revocation of Consent for Unwanted Text Messages Must Be Reasonable
    Revocation of Consent for Unwanted Text Messages Must Be Reasonable

    The United States District of New Jersey reinforced prior Court holdings that a plaintiff’s alleged revocation of consent must be reasonable not absurd. In Viggiano v. Kohl’s Department Store, Inc. , ...

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  • Follow-up to the 2nd Circuit Holding on Contract Law Precluding Consumer from Revoking Consent under TCPA
    Follow-up to the 2nd Circuit Holding on Contract Law Precluding Consumer from Revoking Consent under TCPA

    Following up on the United States Court of Appeals for the Second Circuit holding, which stated that black letter contract law does not allow a party to revoke consent under the TCPA without the ...

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  • District Court Reduces Award of Statutory Damages
    District Court Reduces Award of Statutory Damages

    The United States District Court for the Eastern District of Missouri reduced an award given by a jury because the statutory damages of $500 per call would have been “obviously unreasonable and wholly ...

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  • Debt Collectors and Telemarketers are Getting More Aggressive in Their Calling Techniques
    Debt Collectors and Telemarketers are Getting More Aggressive in Their Calling Techniques

    We see situations where they will use an auto dialer but choose a local area code to trick someone into thinking it’s a local call and they are more likely to answer it. If you have any debt collector ...

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  • Revocation of Consent for Unwanted Text Messages Must Be Reasonable
    Revocation of Consent for Unwanted Text Messages Must Be Reasonable

    The United States Central District of California has recently shed some light as to what an individual should do to revoke consent when receiving unwanted text messages from marketers. In Epps v. ...

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