Given how often TCPA cases are filed - and how often they push the envelope of the statute’s scope and the courts’ jurisdiction - it should come as no surprise that the Supreme Court is often asked to bring some sanity to the statute’s enforcement. Last year was no exception. For example, a...
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Electronic Patient Communications in the Wake of HIPAA: The Ban Has Lifted
Healthcare providers remain skittish when it comes to email or text communications, and their reluctance is understandable. Historically, both email and text messages were considered inherently unsecure modes of communication. In addition, many healthcare providers and business associates believe...
E.D.N.Y. Calls Out Abuse of FDCPA, Confirms 1692g Requirements Don’t Apply to Subsequent Letters
Another judge in the Eastern District of New York criticized plaintiffs' counsel for what the court calls a "lawyer's case"—so technical that only a lawyer, not a least sophisticated consumer, would think of it. Judge Sandra Feuerstein quoted previous decisions by Judge Brian Cogan and Judge Leo...
TCPA 101: Court Ruling Reminds Us of the Fundamentals for Debt Collection Calls
In the realm of TCPA litigation, consent and revocation are bedrock issues that TCPA practitioners encounter on a daily basis. Amidst the often times complicated and nuanced legal issues surrounding the TCPA, a court in the Southern District of Georgia provided us with a nice refresher on the...
How to Use Email and Text for Collections Without Getting Burned (Part 2)
If you read part 1 of this two-part blog series you might have found some of our comments surprising. Perhaps you left with more questions than you’d had going in. Or you wonder how in the world communicating compliantly via email and text - consistently, day in and day out - is even possible. I...
How to Use Email and Text for Collections Without Getting Burned (Part 1)
Is communicating via email and text still a pipe dream for your collection operations? If so, you might want to settle in and keep reading. It really isn’t as scary as you might expect. Despite the high costs and marginal returns of relying on phone calls and printed letters, many ARM agencies and...
The Good and the Bad: Bona Fide Error Defense a Hot Issue in Recent Court Decisions
It’s not every day that we see multiple decisions on the bona fide error defense from the courts, yet recently we saw three. Two were great, and one was scary. Below we’ll discuss each and how this may impact your business. Decision 1: “Redundant” Policies and Procedures Save the Day The first...
Shot Across the Bow: “Parroting” TCPA Allegations from “Case to Case” May Be Subject to Sanctions
The Middle District of Florida just issued a sternly worded warning to TCPA plaintiffs and their counsel, stating that pre-suit investigations are a necessary pre-requisite to filing their claims – otherwise sanctions may be warranted. In Tormenia v. Lvnv Funding, 2019 U.S. Dist. LEXIS 12662 (M.D....