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A California federal court signed off on a $1 million settlement agreement, putting an end to a class action filed against Adobe over calls that allegedly violated the Telephone Consumer Protection Act (TCPA) and yielding $2,000 payments for class members.
Viann Bonoan filed her class action complaint in February 2019, claiming that Adobe made calls to cellular telephone numbers of consumers who were not Adobe customers, in violation of the TCPA.
After the California federal court granted Adobe’s motion to dismiss in part, the parties engaged in discovery and then mediation, where they reached a deal.
In 2019, Congress passed the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act or TRACED Act (Act) with the goal of complementing the now decades-old Telephone Consumer.
Posts were previously published in the ABA Business Law Section s
Business Law Today April Month-In-Brief.
Maryland Commissioner of Financial Regulation Asserts Action against Non-Maryland State Bank for Lending Without State License
By: Latif Zaman
On January 21, 2021, the Maryland Commissioner of Financial Regulation filed an administrative charge letter against an FDIC-insured, out-of-state, state chartered bank and its non-bank service providers in connection with the bank s consumer lending platform. Among other allegations, the Commissioner asserted that the bank was required to hold state lending licenses to originate loans to Maryland residents, despite the fact that Maryland law apparently prohibits the Commissioner from licensing banks. The defendants recently removed the case from the Maryland Office of Administrative Hearings to the U.S. District Court for the District of Maryland.
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The recently added requirement of prior express written consent to exceed the cap on the number of non-telemarketing, prerecorded calls to customers should be reconsidered and removed, an industry group urged the Federal Communications Commission (FCC) in a new filing.
Enterprise Communications Advocacy Coalition (ECAC), self-described as the only coalition “dedicated exclusively to advocacy on behalf of the contact center industry, those entities that utilize enterprise communications platforms to communicate with their customers and those that develop such platforms,” filed a Petition for Reconsideration with the FCC with regard to the agency’s Report and Order released on December 30, 2020.
Three Ways the Legislature Has Redefined Consumer Litigation in West Virginia -
The regular legislative session recently ended in West Virginia, and once again our Legislature has amended the West Virginia Consumer Credit and Protection Act, one of the primary statutes under which consumers sue creditors, collectors, and others.
For years, the Act stood substantially in its original form since its 1974 passage. From the late 1990s through 2015, consumers filed numerous lawsuits under the Act. Its statute of limitations provision (in some instances stretching as much as 31 years) and its penalty provision (as much as $4,800 per violation) made it a favorite among consumer attorneys. Consumers traditionally have filed suit under the Act in West Virginia far more often than they ever filed suit under the Fair Debt Collection Practices Act, Fair Credit Reporting Act, Telephone Consumer Protection Act, or other federal statutes.