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16 Mar 2016, 5:19 am
In so ruling, the Court held that, by providing their cellular telephone number to the primary service provider when they incurred the debt, the plaintiffs gave their “prior […]Charles Ochab [read post]
29 Sep 2015, 5:41 am
The plaintiff failed to […] Charles Ochab [read post]
11 Jan 2016, 8:18 am
The Court found that appeals currently pending before the Supreme Court […]Charles Ochab [read post]
14 Oct 2015, 6:56 am
Court of Appeals for the Fifth Circuit recently held that an assignment of a mortgage deed of trust (“DOT”) from Mortgage Electronic Registration Systems (“MERS”) to an assignee (“Assignee”) was valid under Texas law, because MERS was specifically named as a beneficiary in the DOT and was vested with the power to exercise […] Charles Ochab [read post]
1 Sep 2015, 8:27 am
Court of Appeals for the Sixth Circuit recently held that, under the federal Telephone Consumer Protection Act, a called party gives his “prior express consent” to be called on a cellular telephone number with an automatic telephone dialing system (ATDS) when that person gives his creditor his cellular telephone number in connection with […] Charles Ochab [read post]
7 Jan 2016, 8:03 am
Court of Appeals for the Seventh Circuit recently affirmed a district court ruling finding that telephone calls placed to a pro se consumer’s cellular telephone number did not violate the federal Telephone Consumer Protection Act (TCPA) because the calls were placed manually, and not using an automatic telephone dialing […]Charles Ochab [read post]
11 Mar 2016, 8:09 am
District Court for the Southern District of Alabama recently granted summary judgment in favor of a mortgage loan servicer and the trustee of a mortgage backed securities trust in a putative class action alleging violations of the federal Fair Debt Collection Practices Act (FDCPA), ruling that the “bona fide error” defense applied to […]Charles Ochab [read post]
