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Consent: An Absolute Defense to Violation of the Telephone Consumer Protection Act and Florida Telephone Solicitation Act

Jimerson Firm

Common law principles govern whether the provision of “prior express consent” to receive calls under the TCPA has occurred. These online portals may contain disclaimers concerning the use of automated systems to contact the consumer or may even require explicit approval of the use of such systems. Furniture N., 3d 1242, 1255 (11th Cir.

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Five Key Provisions Construction Material Suppliers Should Include in Customer Credit Agreements

Jimerson Firm

Due to this, suppliers of construction materials will often need to enter into a credit agreement with their customers to govern the terms on which credit is extend, including when payment is due and other important aspects of the credit relationship.

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Block-LIeb & Janger article proposes changes in unconscionability rules

Public Citizen

.   Here's the abstract: The history of consumer goods and consumer credit markets presents an anomaly: market transactions for consumer goods and credit transactions evolved in tandem from face to face and bespoke to standardized and widely distributed; the law governing these “product” markets has not.

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Consent Order Compliance: Navigating The CFPB’s Unofficial “Rules” Governing Debt Collection

FDCPA Defense

They allegedly signed purchase and sale agreements that disclaimed the accuracy of data sold, and limited the availability of media they could obtain from the sellers. Has the seller disclaimed the accuracy of the data sold? Debt buyers allegedly purchased accounts with inaccurate or unreliable balance information.

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Are your Recurring ACH Payments Compliant?

PDC Flow

Some come from governing bodies, some from self-regulated industry groups like Nacha. Nacha governs the ACH network, the payment system that drives Direct Deposits and Direct payments. Related Articles Disclaimer Information The post Are your Recurring ACH Payments Compliant? What is Nacha? appeared first on PDCflow.

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New Federal District Court Decision Allows Secondary Liability Theory Under TCPA to Proceed

Troutman Sanders

The Middle District of Tennessee denied a defendant’s summary judgment motion in a Telephone Consumer Protection Act (TCPA) case, clearing the way for a lawsuit claiming that the defendant was secondarily liable under an agency theory for calls made by a third-party call service even though a principal-agent relationship was disclaimed by contract.

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From Checks to B2B ACH: The Digital Shift

PDC Flow

Compliance, Regulatory Requirements, and Industry Standards The payment processing landscape is governed by many rules and standards. Nacha governs the ACH Network, the payment system that drives Direct Deposits and Direct payments. What is Nacha? Nacha develops the rules that allow Direct Deposits and ACH bill payments.

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