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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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Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter

Troutman Sanders

Under civil case procedures established by the rules, a foreclosing creditor cannot obtain a judgment against a homeowner until certifying that loan modification and “loss mitigation” negotiations were attempted with the borrower. If individuals are unsure about certain communications, they should contact their state agency directly.

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Seventh Circuit Affirms Gadelhak Decision in Striking Down TCPA Claims

Troutman Sanders

In Jackson v. Regions Bank , the court rejected Jackson’s arguments to overrule Gadelhak in affirming the district court’s order granting summary judgment for Regions Bank. Jackson alleged Regions Bank contacted him on his cellphone regarding an overdrawn account. Despite Facebook v.

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The Limits On Direct And Vicarious Liability Under The FDCPA

FDCPA Defense

Jackson , 209 F.3d In Clark , the Ninth Circuit affirmed summary judgment for an attorney, because there was no evidence that he exercised control over the actions of his client. See Sanders v. 3d 998, 1001-02 (7th Cir. 2000) (the “primary purpose of the net worth provision is a protective one. Capital Credit & Collection Servs.,