District Court Rules that One Call is Sufficient to Breach Spokeo Defense in TCPA Case

The Spokeo defense has taken another negative blow. Under the Spokeo decision, the Supreme Court ruled that in order for a plaintiff to seek relief in Federal Court, some type of concrete damage or injury must have actually occurred. Defendants in TCPA lawsuits have tried to use this decision as a defense, arguing that plaintiffs who receive unwanted phone calls have not suffered any real injury. Early last month, the Northern District of Alabama held in Hossfeld v. Compass Bank that just one unsolicited phone call was enough to cause a concrete injury. This ruling, along with other recent similar court decisions, has made using the Spokeo defense much more difficult. A copy of the ruling can be accessed here. If you are involved in a TCPA lawsuit, contact a TCPA attorney.

CFPB Sues Debt Settlement Services Provider

On November 8th, the Consumer Financial Protection Bureau (CFPB) filed a complaint against a telemarketing company that offers debt settlement services. The CFPB accused Freedom Debt Relief, LLC (Freedom) of misleading consumers by making false promises about what their services could achieve for them. For example, Freedom would allegedly promise their customers that they would negotiate with collections companies to settle their debts for much cheaper, when in reality Freedom knew that the collection companies would often be unwilling to engage in any reduced settlement talks. Read a copy of the CFPB's complaint here. Learn about telemarketing rules and telemarketing compliance. Ensure you understand and implement the advice of a telemarketing attorney if before you get on the phones.

Judge Denies TCPA Defendant's Motion to Dismiss Over "Clear and Conspicuous" Opt-In Language.

In Barrera v. Guaranteed Rate Inc., plaintiff Samuel Barrera filed a TCPA lawsuit alleging that the defendant, mortgage company Guaranteed Rate, called his cell phone using an ATDS without the proper consent. Guaranteed Rate filed a motion to dismiss, arguing that Barrera had consented to receive such calls when he opted-in online. The Judge denied the motion, holding that the opt-in consent language on the website was not "clear and conspicuous.'' Read a copy of the Judge's decision here. Learn more about telemarketing regulations, robocall laws, and autodialer rules.