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Does the TCPA Have Nine Lives? Parties Settle Ninth Circuit Appeal in Marks v. Crunch San Diego

USA - February 19 2019 The Telephone Consumer Protection Act ("TCPA") carries the risk of annihilative damages for class action defendants based on its remarkable statutory...

David N. Anthony, Virginia Bell Flynn, David M. Gettings, John C. Lynch, Ethan G. Ostroff, Michael E. Lacy, Chad R. Fuller.

Seventh Circuit Holds Debt Collector did not Misrepresent “Character” of Medical Debt under FDCPA, Reversing District Court

USA - February 14 2019 On February 7, the Seventh Circuit Court of Appeals ruled in favor of the accounts receivable management industry, finding that a debt collector did...

Elizabeth "Liz" S. Flowers.

Joint Advisory on FCRA Provisions Allowing for Private Education Loan Rehabilitation

USA - February 14 2019 The Federal Reserve Board of Governors and the Federal Deposit Insurance Corporation (“FDIC”) issued a joint advisory making financial institutions...

David N. Anthony, Jamie Rudd.

U.S. Supreme Court Asked to Overturn Ninth Circuit Decision Applying TCPA Broadly

USA - February 1 2019 On January 28, Crunch Fitness filed a petition for writ of certiorari in the U.S. Supreme Court, asking the Court to overturn the Ninth Circuit’s...

Virginia Bell Flynn, Brooke K. Conkle.

Law Firm Not a ‘Debt Collector’ Under FDCPA, says Fifth Circuit

USA - January 28 2019 A law firm not specializing in debt collection activity is not a “debt collector” under the Fair Debt Collection Practices Act because it was not...

David N. Anthony, Mark J. Windham.