Patrick T. McLaughlin
Spencer Fane LLP
Articles
When is a seller liable for illegal calls made by a third party telemarketer? Fleshing out vicarious liability under the Telephone Consumer Protection Act
USA - June 9 2017 Using a telemarketer to market goods or services can be extremely costly to the seller if the telemarketer conducts its business in a manner that…
Federal Court in Missouri holds technical failure to comply with the FCC’s TCPA opt-out notice requirements on fax advertisements does not confer standing on recipient who consented to receive the faxes
USA - May 10 2017 The FCC’s TCPA “opt-out” notice requirements for sending solicited faxes continues to be weakened. Most notably, on March 31, the DC Circuit…
A federal district court in California denies class certification to a nationwide putative TCPA class of consumers against a debt collector who allegedly made more than 500 million prohibited calls
USA - September 2 2015 The United States District Court for the Southern District of California recently issued an order denying class certification to a nationwide…
The Sixth Circuit sheds light on meaning of “prior express consent” under the TCPA in a case involving hundreds of calls to a debtor’s cellphone by a creditor using an autodialer
USA - August 27 2015 One thing that telemarketers and other companies that communicate with their customers by calling their customer’s cellphones crave is clarity under…
The Eleventh Circuit rules that Capital One is not a debt collector under the FDCPA with respect to defaulted credit card debt it acquired from HSBC
USA - August 26 2015 In the case of Davidson v. Capital One Bank (USA), N.A., No. 14-14200 (August 21, 2015), the Eleventh Circuit had occasion to decide whether a bank…
