Robocalls this year are expected to reach 48.5 billion, down only slightly from the 50.4 billion calls in 2021, according to the latest figures by YouMail, a robocall blocking and tracking firm. That volume of calls breaks down to an eye-popping 4 billion monthly robocalls. It’s hoped that the FCC’s…
Category: Unauthorized Texting and Cell Phone Contact Litigation (TCPA)
If you have been harassed by any debt collection company, it is important to know they may have broken the law. When that is the case, you can file a lawsuit against them to recover certain damages. Filing your own lawsuit against any debt collector who uses harassing or threatening…
People know that when they owe any amount of debt, a debt collector may call them. While these phone calls are not usually welcome, they are, if nothing else, at least expected. However, technology today has changed, and debt collectors have more options for contacting debtors. The question these types…
Loan Lawyers, LLC is licensed to practice law in the state of Florida. If you have a legal matter that you would like to discuss and you are NOT located in Florida, please contact your state’s Bar Association to get the information of a lawyer that can assist you in…
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 phone using an automatic dialer system without his consent. In Jones v. Ocwen Loan Servicing, LLC, Case No.: 0:16-cv-62967 (S.D….
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., No. 17-0243 (D.N.J. Nov. 27, 2017), the Court found the plaintiff did not reasonably revoked her consent from unwanted text…
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 consent of the counterpart to the contact. Reyes v. Lincoln Automotive Fin. Servs., No. 16-2104 (2d…
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 disproportionate to the offense.” In Golan v. Veritas Entm’t, LLC, No. 14-0069 (E.D. Mo. Sept. 7, 2017),…
The United States Court of Appeals for the Eleventh Circuit held that a consumer can partially revoke consent under the TCPA. In Schweitzer v. Comenity Bank, No. 16-10498 (11th Cir. 2017), the plaintiff provided consent to call her cellular telephone number when she applied for a credit card with the defendant. After…
