TCPA Case Law Review for October 2016

insideARM maintains a
free TCPA
resources page to provide the ARM
community a destination for timely and topical information on the Telephone
Consumer Protection Act of 1991 (“TCPA”). This page is generously supported by LexisNexis. See the page here or find it in our main navigation bar from any page on
insideARM. 

The cornerstone of the page
is a chart of significant TCPA cases. Click on the link in the chart for
the complete text of the decision. Where insideARM has already published a
story on the case, we provide a link. Case information and analysis is
provided by the Bedard Law Group.

TCPA cases in
September and October 2016 brought both positive and negative outcomes for the
ARM industry

Tuck v. Guardian
Protection Services, Inc.

The gist: The District
Court for the Southern District of California granted in part and denied in
part Guardian Protection Services’ motion to dismiss for failure to state a
claim.

Pozo v. Stellar Recovery
Collection

The gist: The District
Court for the Middle District of Florida held that the defendant violated the
TCPA but found there was insufficient evidence to prove a violation of the
FDCPA as well.

LaVigne v. First
Community Bancshares

The gist: The District
Court for New Mexico held that the defendant violated the TCPA and denied the
defendants’ motion to dismiss the case.

Espejo v. Santander
Consumer USA, Inc.

The gist: The District
Court for the Northern District of Illinois granted the defendant’s motion for
summary judgment in one case and denied it in another, and additionally denied
the plaintiff’s motion for class certification.