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A TCPA Violation Confers Standing Under Spokeo in the 3rd Circuit

On July 10, 2017 by Schnader in Finance

By Stephen A. Fogdall The United States Court of Appeals for the Third Circuit has concluded that an alleged violation of the Telephone Consumer Protection Act creates a sufficiently concrete injury to give a plaintiff standing to sue under Spokeo, Inc. v. Robbins. The U.S. Supreme Court held last year […]

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If you think you have consent to autodial a cell phone, you may need to think again

On June 9, 2014 by Schnader in Finance

By Stephen J. Shapiro The Telephone Consumer Protection Act (TCPA) prohibits the use of automated dialing systems to call cell phones without the consent of the “called party.” Therefore, creditors often request and receive consent from debtors to autodial their cell phones. A recent case out of the Eleventh Circuit, though, […]

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In a TCPA case, Eleventh Circuit addresses who may give consent, how consent may be revoked and whether a charge is required

On April 1, 2014 by Schnader in Finance

By Stephen J. Shapiro The Telephone Consumer Protection Act (TCPA) provides, in relevant part, that “[i]t shall be unlawful for any person . . . to make any call (other than a call made . . . with the prior express consent of the called party) using any automatic telephone dialing […]

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