Podcasts about telephone consumer protection act

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Best podcasts about telephone consumer protection act

Latest podcast episodes about telephone consumer protection act

Williams Mullen's Trending Now: An IP Podcast
TCPA Compliance and Litigation Update

Williams Mullen's Trending Now: An IP Podcast

Play Episode Listen Later Apr 9, 2025 18:34


In this episode of Trending Now - An IP Podcast, Carmelle Alipio and Rob Van Arnam provide an update on the Telephone Consumer Protection Act (TCPA), including litigation trends, orders and key takeaways.

Supreme Court of the United States
McLaughlin Chiropractic Associates v. McKesson Corporation, No. 23-1226 [Arg: 1.21.2025]

Supreme Court of the United States

Play Episode Listen Later Jan 27, 2025 73:53


QUESTION PRESENTED:Whether the Hobbs Act required the district court in this case to accept the Federal Communications Commission's legal interpretation of the Telephone Consumer Protection Act. ★ Support this podcast on Patreon ★

The Consumer Finance Podcast
Introducing the Consumer Financial Services Year in Review Series: A Look at What's to Come

The Consumer Finance Podcast

Play Episode Listen Later Jan 27, 2025 7:51


In this episode of The Consumer Finance Podcast, host Chris Willis and Michael Lacy, Consumer Financial Services Practice Group leader, introduce Troutman Pepper Locke's annual Year in Review and Look Ahead publication. The publication covers 17 critical areas, including the Fair Credit Reporting Act, the Telephone Consumer Protection Act, and FinTech. This concise and accessible report offers valuable insights for clients, practitioners, and regulators. Tune in to stay informed and ahead of the curve.

The Consumer Finance Podcast
TCPA Trends: 2024 Year-in-Review and 2025 Predictions

The Consumer Finance Podcast

Play Episode Listen Later Jan 23, 2025 21:02


In this episode of The Consumer Finance Podcast, host Chris Willis is joined by Partners Virginia Flynn and Chad Fuller for the first edition of a special year-in-review series. Together, they provide a comprehensive analysis of the Telephone Consumer Protection Act (TCPA) developments from 2024 and offer predictions for 2025. The discussion covers key changes, including the upcoming one-to-one consent rule, the impact of key cases, and other significant TCPA trends. This episode is essential for staying ahead in the evolving landscape of TCPA compliance. Stay tuned for more year-in-review content!

U.S. Supreme Court Oral Arguments
McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation

U.S. Supreme Court Oral Arguments

Play Episode Listen Later Jan 21, 2025 73:53


A case in which the Court will decide whether, under the Hobbs Act, a federal district court is bound by the Federal Communication Commission's legal interpretation of the Telephone Consumer Protection Act.

Audio Arguendo
U.S. Supreme Court McLaughlin Chiropractic Assoc. v. McKesson, Case No. 23-1226

Audio Arguendo

Play Episode Listen Later Jan 21, 2025


Administrative Law: Does the Hobbs Act require district courts to accept the FCC's legal interpretation of the Telephone Consumer Protection Act? - Argued: Tue, 21 Jan 2025 14:35:35 EDT

Teleforum
A Seat at the Sitting - January 2025

Teleforum

Play Episode Listen Later Jan 10, 2025 90:14


Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting by sitting. The cases covered in this preview are listed below.TikTok, Inc. v. Garland (January 10) - First Amendment, National Security; Issue(s): Whether the Protecting Americans from Foreign Adversary Controlled Applications Act, as applied to petitioners, violates the First Amendment.Hewitt v. U.S. (January 13) - Criminal Law, First Step Act; Issue(s): Whether the First Step Act’s sentencing reduction provisions apply to a defendant originally sentenced before the act’s enactment, when that original sentence is judicially vacated and the defendant is resentenced to a new term of imprisonment after the act’s enactment.Stanley v. City of Sanford, Florida (January 13) - ADA; Issue(s): Whether, under the Americans with Disabilities Act, a former employee — who was qualified to perform her job and who earned post-employment benefits while employed — loses her right to sue over discrimination with respect to those benefits solely because she no longer holds her job.Thompson v. U.S. (January 14) - Financial Services; Issue(s): Whether 18 U.S.C. § 1014, which prohibits making a “false statement” for the purpose of influencing certain financial institutions and federal agencies, also prohibits making a statement that is misleading but not false.Waetzig v. Halliburton Energy Services (January 14) - Civil Procedure; Issue(s): Whether a voluntary dismissal without prejudice under Federal Rule of Civil Procedure 41 is a “final judgment, order, or proceeding” under Federal Rule of Civil Procedure 60(b).Free Speech Coalition v. Paxton (January 15) - Free Speech; Issue(s): Whether the court of appeals erred as a matter of law in applying rational-basis review, instead of strict scrutiny, to a law burdening adults’ access to protected speech.Food and Drug Administration v. R.J. Reynolds Vapor Co. (January 21) - Federalism & Separation of Powers; Issue(s): Whether a manufacturer may file a petition for review in a circuit (other than the U.S. Court of Appeals for the District of Columbia Circuit) where it neither resides nor has its principal place of business, if the petition is joined by a seller of the manufacturer’s products that is located within that circuit.McLaughlin Chiropractic Associates v. McKesson Corporation (January 21) - Telecommunications; Issue(s): Whether the Hobbs Act required the district court in this case to accept the Federal Communications Commission’s legal interpretation of the Telephone Consumer Protection Act.Barnes v. Felix (January 22) - Criminal Law, Fourth Amendment; Issue(s): Whether courts should apply the "moment of the threat" doctrine when evaluating an excessive force claim under the Fourth Amendment.Cunningham v. Cornell University (January 22) - Financial Services; Issue(s): Whether a plaintiff can state a claim by alleging that a plan fiduciary engaged in a transaction constituting a furnishing of goods, services, or facilities between the plan and a party in interest, as proscribed by 29 U.S.C. § 1106(a)(1)(C), or whether a plaintiff must plead and prove additional elements and facts not contained in the provision’s text.Featuring:Jennifer B. Dickey, Deputy Chief Counsel, U.S. Chamber Litigation Center, U.S. Chamber of CommerceProf. Michael R. Dimino, Sr., Professor of Law, Widener University Commonwealth Law SchoolShannon M. Grammel, Counsel, Lehotsky Keller Cohn LLPGregory Y. Porter, Partner, Bailey Glasser LLPVikrant P. Reddy, Senior Fellow, Stand Together TrustBryan Weir, Partner, Consovoy McCarthy PLLC(Moderator) Brett Nolan, Senior Attorney, Institute for Free Speech

REality
Jessica Edgerton on Navigating Legal Shifts, DOJ Policies, and Future Growth in Real Estate

REality

Play Episode Listen Later Dec 12, 2024 43:30 Transcription Available


Join us for an enlightening conversation with Jessica Edgerton, the Chief Legal Officer at Leading Real Estate Companies of the World, as she sheds light on the turbulent transitions in the real estate industry following the introduction of new settlement rules. Discover how proactive agents, who have enhanced their negotiation skills and effectively communicated their value, are forging ahead and even securing higher commissions. Jessica shares her wisdom on the significance of firm culture and the power of deep client connections, drawing insights from Will Guidara's celebrated book "Unreasonable Hospitality." Later in the conversation, the two dissect the DOJ's stance on its settlement with the National Association of Realtors and the implications of new rules like the Clear Cooperation Policy, which demands swift submission of listings to the MLS. As we steer towards the future, we delve into marketing compliance and the challenges posed by AI, touching on the updated Telephone Consumer Protection Act and the hazards of AI-generated content. We explore the significance of unconscious bias training in fair housing and the delicate balance of client-driven decisions.

Ad Law Access Podcast
FCC Sets Effective Date For TCPA "Reasonable" Consent Revocation Rules

Ad Law Access Podcast

Play Episode Listen Later Oct 25, 2024 4:54


The Federal Communications Commission has announced that its new Telephone Consumer Protection Act rules related to ​“reasonable” revocation of consent will become effective on April 11, 2025. https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/fcc-sets-effective-date-for-tcpa-reasonable-consent-revocation-rules Alysa Hutnik ahutnik@kelleydrye.com (202) 342-8603 www.kelleydrye.com/people/alysa-z-hutnik Jenny Wainwright jwainwright@kelleydrye.com (202) 342-8649 https://www.kelleydrye.com/people/jennifer-rodden-wainwright Hosted by Simone Roach Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribe View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law Find all of our links here linktr.ee/KelleyDryeAdLaw

Agent Survival Guide Podcast
Agent's Guide to Phone Communication Resources

Agent Survival Guide Podcast

Play Episode Listen Later Jul 29, 2024 15:40


  Your phone is one of the best tools to keep in touch with clients and follow up on leads. We've gathered a list of applications that make compliant communication through the phone a lot easier. Listen to learn more!    Read the text version   Contact the Agent Survival Guide Podcast! Email us ASGPodcast@Ritterim.com or call 1-717-562-7211 and leave a voicemail.   Phone & VoIP Resources: AgencyBloc: https://www.agencybloc.com/  Phone.com: https://www.phone.com/ RingCentral: https://www.ringcentral.com/ Zoom Phone: https://www.zoom.com/en/products/voip-phone/     Call Recording Application Resources: Agency Bloc's Plus Suite: https://www.agencybloc.com/software-solutions/ Integrity's MedicareCENTER Call Recording Solution: https://integrity.com/MedicareCENTER/ Recordia Telephony Service: https://recordia.net/en/recordia-telephony-service-2-en/ Senior Market Sales CallRecording Solution: https://www.seniormarketsales.com/training-library/videos/phonedotcom TTEC's Mobile Record and Store Now: https://www.ttec.com/industries/healthcare    Resources: A Review of the Top Call Recording Applications for Compliant Medicare Business: https://ritterim.com/blog/a-review-of-the-top-call-recording-applications-for-compliant-medicare-business/ CMS' New Definition of Marketing & How It Affects Agents Selling Medicare Plans: https://link.chtbl.com/ASGN20230515B Sales and Communication Practices: https://docs.ritterim.com/compliance/sales-communication-practices/ What Are Agents Responsible for Under HIPAA? https://ritterim.com/blog/what-are-agents-responsible-for-under-hipaa/ Where It All Begins Obtaining Permission to Contact for Medicare Sales: https://ritterim.com/blog/where-it-all-begins-obtaining-permission-to-contact-for-medicare-sales/   References: Tautimes, Mari. “Should Insurance Agents Use Text Messages to Communicate with Clients?” Western Asset Protection Blog, Western Asset Protection, 16 May 2019, info.westernassetprotection.com/blog/should-insurance-agents-use-text-messages-to-communicate-with-clients Dice, Zach. “VoIP vs. Company Cell Phones: Which Is Best for Your Business?” Dice Communications Blog, Dice Communications, 3 Nov. 2022, dicecommunications.com/six-key-differentiators-between-company-cell-phones-and-voip Alder, Steve. “HIPAA Training Requirements.” HIPAA Journal, HIPAA Journal, 21 May 2023, www.hipaajournal.com/hipaa-training-requirements/ “Telephone Consumer Protection Act 47 USC § 227.” Federal Communications Commission, Federal Communications Commission, www.fcc.gov/sites/default/files/tcpa-rules.pdf Accessed 22 July 2024. Alder, Steve. “The Use of Technology and HIPAA Compliance.” HIPAA Journal, HIPAA Journal, 27 Nov. 2023, www.hipaajournal.com/the-use-of-technology-and-hipaa-compliance/  “Worldwide Texting Statistics.” Vermont State Highway Safety Office, State of Vermont, 20 June 2018, shso.vermont.gov/sites/ghsp/files/documents/Worldwide%20Texting%20Statistics.pdf Staff in the Office of Technology. “Can-SPAM Act: A Compliance Guide for Business.” Federal Trade Commission, 17 Jan. 2024, www.ftc.gov/business-guidance/resources/can-spam-act-compliance-guide-business   Follow Us on Social!  Ritter on Facebook, Instagram, LinkedIn, TikTok, X, and YouTube Sarah on LinkedIn, Instagram, and Threads Tina on LinkedIn

Consumer Finance Monitor
Telephone Consumer Protection Act Update: Developments Impacting Consent and Lead Generation

Consumer Finance Monitor

Play Episode Listen Later Mar 21, 2024 53:02


New Federal Communications Commission TCPA rules will mean big changes for businesses, particularly comparison shopping websites, lead generators, and other companies that regularly contact consumers via phone or text message. This episode repurposes a recent webinar. After reviewing TCPA consent requirements for calls and texts and exceptions, we look at the impact of the U.S. Supreme Court's 2021 Facebook decision on TCPA compliance. We then look at post-Facebook TCPA litigation, post-Facebook state law litigation involving unwanted calls and texts, and recent state legislative developments. We follow with a discussion of the FCC's new TCPA rules addressing (1) how consumers may revoke consent to receive calls or texts and the obligations of callers and texters to honor revocation of consent requests, and (2) the application of TCPA consent requirements to lead generators. We conclude with a discussion of compliance and litigation considerations arising from the new TCPA rules. Alan Kaplinsky, Senior Counsel in Ballard Spahr's Consumer Financial Services Group, moderates the discussion, joined by Michael Guerrero, Daniel McKenna, Jenny Perkins, and Joel Tasca, Partners in the Group.

The Artificial Intelligence Podcast
FCC Bans AI-Generated Robocalls After 2020 Election Impersonation

The Artificial Intelligence Podcast

Play Episode Listen Later Mar 15, 2024 5:30


The Federal Communications Commission (FCC) has unanimously ruled to ban robocalls that use artificial intelligence (AI)-generated voices. The ruling is in response to AI-generated robocalls impersonating President Joe Biden during New Hampshire's primary election and discouraging people from voting. Under the existing Telephone Consumer Protection Act, the FCC now has the power to fine companies using AI voices in calls or block service providers that carry them. Recipients can also file lawsuits, and state attorneys general can take action against violators. However, experts warn that personalized spam targeting individuals through phone calls, text messages, and social media may still occur. Some call for clearer identification of AI-generated content to detect abuse of voice technology. --- Send in a voice message: https://podcasters.spotify.com/pod/show/tonyphoang/message

The Consumer Finance Podcast
Year in Review and a Look Ahead: Unraveling the Threads of Class Action Litigation

The Consumer Finance Podcast

Play Episode Listen Later Feb 15, 2024 29:51


In this final episode of The Consumer Finance Podcast Year in Review series, host Chris Willis is joined by Tim St. George, a key member of our Consumer Financial Services Litigation team. They discuss the significant developments in consumer finance class action litigation in 2023 and what to expect in the year ahead. Topics include ethical issues associated with class actions, the debate over service awards, attorney-client privilege, and more. Tune in to gain insights from Tim's extensive experience in class action litigation and stay informed about the evolving legal landscape.To download a copy of the Consumer Financial Services Year in Review and a Look Ahead, please click here. For a list of our upcoming webinars, visit our Troutman Pepper Insights page. And to make sure you don't miss another episode of this podcast, please click subscribe.

The Consumer Finance Podcast
Year in Review and a Look Ahead: Navigating the Debt Collection Landscape

The Consumer Finance Podcast

Play Episode Listen Later Feb 13, 2024 26:40


Join us for an enlightening episode of The Consumer Finance Podcast, where we dissect the intricate world of debt collection, reflecting on the past year and forecasting future trends. This episode, hosted by Chris Willis, features insightful discussions with Stefanie Jackman and Jonathan Floyd, both well-versed in the field of debt collection. We explore significant Supreme Court cases that could reshape the collections landscape, the impact of Regulation F on validation notices, and the complexities surrounding credit reporting and medical debt. Stefanie and Jonathan share their perspectives on emerging trends and potential challenges in the collections industry. This episode is a must-listen for creditors, servicers, and collectors seeking to understand the ever-evolving landscape of debt collection. Stay tuned for the next and final episode of our Year in Review and a Look Ahead series on The Consumer Finance Podcast, providing valuable insights for anyone involved in consumer finance.To download a copy of the Consumer Financial Services Year in Review and a Look Ahead, please click here. For a list of our upcoming webinars, visit our Troutman Pepper Insights page. And to make sure you don't miss another episode of this podcast, please click subscribe.

The Steve Gruber Show
Scot Bertram, The Kansas City Chiefs are back-to-back Super Bowl champions

The Steve Gruber Show

Play Episode Listen Later Feb 12, 2024 11:00


Live—from the campus of Hillsdale College in beautiful Hillsdale Michigan— this is Scot Bertram in for Steve on the Steve Gruber Show for   –Monday February 12th 2024—   —Here are 3 big things you need to know—   One —   The Senate is moving forward with a 95-billion-dollar aid bill for Ukraine and Israel, but its fate in the House is uncertain.  The money, which is for Ukraine's defense against the Russian invasion and for Israeli security assistance, passed a Senate procedural vote with the help of 18 Republicans in a rare Sunday session.   Two—  The Federal Communications Commission is cracking down on robocalls that use voiced generated by artificial intelligence.  In an expansion of the 1991 Telephone Consumer Protection Act this week, the FCC outlawed scam phone calls that feature AI generated voices.   And number three — The Kansas City Chiefs are back-to-back Super Bowl champions.  The Chiefs defended their title after coming from behind in overtime to beat the San Francisco 49ers 25-22 in Super Bowl 58 at Allegiant Stadium in Las Vegas.  Patrick Mahomes was named Most Valuable Player for the third time in his career after finishing the game with 333 yards, two touchdowns and a pick.    

Hot Off The Wire
Biden angrily pushes back at special counsel's report; Trump wins Nevada's GOP caucuses; Usher ready for Super Bowl halftime show

Hot Off The Wire

Play Episode Listen Later Feb 9, 2024 19:02


On the version of Hot off the Wire posted Feb. 9 at 6:30 a.m. CT: WASHINGTON (AP) — A special counsel report has found evidence that President Joe Biden “willfully” retained and shared highly classified materials when he was a private citizen, including documents about military and foreign policy in Afghanistan. The Justice Department report nonetheless says no criminal charges are warranted for Biden or anyone else. In remarks at the White House Thursday evening, Biden denied that he improperly shared classified information and angrily lashed out at special counsel Robert Hur for questioning his mental acuity. The report from Hur, released earlier Thursday, represents a harshly critical assessment of Biden’s handling of sensitive government materials and includes unflattering characterizations of his memory. LAS VEGAS (AP) — Donald Trump has won Nevada’s Republican presidential caucuses after he was the only major candidate to participate. The former president handily won Thursday’s contest run by the state Republican Party and wins Nevada’s 26 delegates as he seeks to accrue enough to become the party nominee. Former U.N. Ambassador Nikki Haley skipped the caucuses, blaming what she considered an unfair process that favored Trump. RAFAH, Gaza Strip (AP) — Israel has bombed targets in Rafah, after U.S. officials warned Israel against expanding its Gaza ground offensive to the southern city where more than half of the territory’s 2.3 million people have sought refuge. Russian President Vladimir Putin has used an interview with former Fox News host Tucker Carlson to urge Washington to recognize Moscow’s interests and persuade Ukraine to sit down for talks. A new poll by the Associated Press and NORC Center for Public Affairs Research finds most Americans believe air travel is generally safe in the U.S. The average long-term U.S. mortgage rate edged higher this week, reflecting a recent uptick in the 10-year Treasury yield. The average rate on a 30-year mortgage rose to 6.64% from 6.63% last week, mortgage buyer Freddie Mac said Thursday. The Biden administration is announcing an investment of $5 billion in a public-private consortium aimed at supporting research and development in advanced computer chips. WASHINGTON (AP) — The Supreme Court seems poised to reject attempts to kick former President Donald Trump off the 2024 ballot. A definitive ruling for the leading Republican candidate for president would largely end efforts in Colorado, Maine and elsewhere to prevent his name from appearing on the ballot. In more than two hours of arguments Thursday, both conservative and liberal justices raised questions of whether Trump can be disqualified from being president again because of his efforts to overturn his loss in the 2020 election. A federal judge has denied Trump White House official Peter Navarro’s bid to remain out of prison while he appeals his contempt of Congress conviction for refusing to cooperate with a congressional investigation into the Jan. 6, 2021, attack on the U.S. Capitol. Navarro was sentenced last month to four months in prison after being found guilty of defying a subpoena for documents and a deposition from the House Jan. 6 committee. NEW YORK (AP) — The Federal Communications Commission is outlawing robocalls that contain voices generated by artificial intelligence. The decision sends a clear message that exploiting the technology to scam people and mislead voters won’t be tolerated. Thursday’s unanimous ruling targets robocalls made with AI voice-cloning tools under the Telephone Consumer Protection Act. LAS VEGAS (AP) — Usher says it was a challenge to fit a 30-year musical career into a 13-minute halftime show as he'll have to do at the Super Bowl in Las Vegas Sunday. But when he addressed the media on Thursday he said he's been focusing on how to represent his past, his present and future within the show. It was a big night for current and past NFL players, trades galore in the NBA, a wild game in college basketball, another big signing in major league baseball and a historic day on the links. In other headlines: Clayton Kershaw says he's staying with Dodgers for a 17th season and could pitch in second half of 2024. Applications for unemployment benefits fell again despite recent layoff announcements. 200 victims allege child sex abuse in Maryland youth detention facilities. The Paris Olympics medals are monumental. They're embedded with pieces of the Eiffel Tower. A volcano in Iceland is erupting for the 3rd time since December, spewing lava into the sky. —The Associated Press About this program Host Terry Lipshetz is managing editor of the national newsroom for Lee Enterprises. Besides producing the daily Hot off the Wire news podcast, Terry conducts periodic interviews for this Behind the Headlines program, co-hosts the Streamed & Screened movies and television program and is the former producer of Across the Sky, a podcast dedicated to weather and climate. Lee Enterprises produces many national, regional and sports podcasts. Learn more here.

The Consumer Finance Podcast
Year in Review and a Look Ahead: Fintech Developments

The Consumer Finance Podcast

Play Episode Listen Later Feb 8, 2024 25:14


Join us for the second episode of our Year in Review and a Look Ahead series, where we delve into the fintech world. Our host, Chris Willis, co-leader of Troutman Pepper's Consumer Financial Services Regulatory practice, is joined by James Kim who leads the firm's Fintech practice. They discuss the significant events in the fintech sector in 2023 and what to anticipate in 2024, covering key regulatory developments, the impact of the Consumer Financial Protection Bureau's proposed rules, and the increasing scrutiny of fintech-bank partnerships. Don't miss this insightful conversation as we navigate the evolving fintech landscape. Stay tuned for the next episode of our Year in Review and a Look Ahead series on The Consumer Finance Podcast, providing valuable insights for anyone involved in consumer finance.To download a copy of the Consumer Financial Services Year in Review and a Look Ahead, please click here. For a list of our upcoming webinars, visit our Troutman Pepper Insights page. And to make sure you don't miss another episode of this podcast, please click subscribe.

The Consumer Finance Podcast
2023 Year in Review and a Look Ahead

The Consumer Finance Podcast

Play Episode Listen Later Feb 1, 2024 10:30


Please join Troutman Pepper Partners Chris Willis and Michael Lacy for a special inside look at our annual publication of the Consumer Financial Services Year in Review and Look Ahead. In our eighth year of publishing this annual review of regulatory and legal developments in the consumer financial services industry, our team has prepared a thorough analysis of the most important issues and trends across 17 consumer protection areas. For the first time, we are rolling out both webinars and podcasts on select topics to not only provide more in-depth coverage of 2023 events, but also let you know what we expect in 2024. This material will be beneficial to in-house counsel, compliance managers, regulators, and anyone in the consumer financial services space who wants to stay ahead of the curve.To download a copy of the Consumer Financial Services Year in Review and Look Ahead, please click here. For a list of our upcoming webinars, please check out our Troutman Pepper Insights page. And to make sure you don't miss another episode of this podcast, please click subscribe.

Sidebar by Courthouse News
Don't Call Me (Maybe)

Sidebar by Courthouse News

Play Episode Listen Later Aug 22, 2023 31:23


Welcome back, listeners, from what we hope was a calm, relaxing break.If it was anything like ours, just when you cozied up with a summer read, you were likely jarred back to reality by a pesky robocall asking about your auto warranty.Receiving unwanted robocalls remains a universal experience 32 years after Congress passed the Telephone Consumer Protection Act to empower Americans to fight off unwanted calls. In our ninth episode this season, we explain why the law did little to stop overseas scammers and instead created financial incentives for plaintiffs and their attorneys, ultimately leading to the Supreme Court's determination of what constituted an "autodialer."Now, an Anti-Robocall Multistate Litigation Taskforce of 49 attorneys general are taking on Avid Telecom, a Voice over Internet Protocol provider accused of sending or trying to send more than 24.5 billion calls.Will the outcome inspire Americans to start answering their phones? Press one for yes or two for no.Special guests:Noah Duguid, who sued Facebook over unwanted texts Roger Anderson, founder of the Jolly Roger Telephone CompanyEric Troutman, defense attorney and “czar” of the TCPA Chris Laccinole, a frequent TCPA litigator  Isaac Shloss, chair of the Government Affairs Committee for the Professional Associations for Customer Engagement Attorney Jay EdelsonThis episode was produced by Kirk McDaniel. Intro music by The Dead Pens. Editorial staff is Bill Dotinga, Sean Duffy and Jamie Ross.

The Consumer Finance Podcast
CFPB's Section 1071 Final Rule (Part 1): A General Overview

The Consumer Finance Podcast

Play Episode Listen Later May 2, 2023 38:43


Please join Troutman Pepper Partner Chris Willis and his colleagues Lori Sommerfield, Addison Morgan, and Josh McBeain for the first installment of a special three-part series about the Consumer Financial Protection Bureau's (CFPB) new small business lending data collection and reporting final rule — the Section 1071 rule. Part 1 of this special series provides a general overview of the rule, including:What the rule is designed to do;The definition of a small business for the purpose of this rule;What types of small business lenders are covered;Covered and excluded credit transactions as defined by the rule;The three types of data required to be collected;Anti-discouragement provisions of the rule;Data collection and reporting requirements and what the CFPB intends to do with the collected data;Safe harbor provisions within the rule; andThe differences between the proposed rule and the final rule.Stay tuned for Part 2 of this special series that takes a deeper dive into the rule's data collection requirements and anti-discouragement provisions.CFS Partner Lori Sommerfield brings more than two decades of experience in representing a wide range of banks, financial institutions, and financial services companies in fair lending and responsible banking regulatory compliance. She has extensive experience in helping clients navigate fair lending examinations and supervisory issues, and she has successfully represented clients in high-stakes fair lending regulatory investigations and enforcement actions. Prior to joining the firm, Lori held significant legal positions in federal government, in-house, and private practice settings (including two other nationally known law firms), which she leverages to effectively represent her clients' interests.CFS Associate Addison Morgan represents several of the nation's preeminent financial institutions in litigation arising under the Fair Credit Reporting Act, Telephone Consumer Protection Act, Fair Debt Collection Practices Act, Federal Trade Commission Holder Rule, and other consumer protection state analogs. In addition to his litigation practice, Addison also provides regulatory compliance assistance to a wide array of companies across the financial services industry.CFS Associate Josh McBeain focuses his practice on federal and state consumer and business lending and payments laws, including those applying to credit cards, installment loans, lines of credit, point-of-sale finance, and the development of digital financial service products. Before joining the firm, Josh served as in-house counsel to a major financial institution where he advised on an array of regulatory, legal, and compliance issues. He also worked at the Federal Reserve Bank of Minneapolis for several years, where he examined banks for compliance with consumer and business laws.

FLF, LLC
Daily News Brief for Tuesday, April 18th, 2023 [Daily News Brief]

FLF, LLC

Play Episode Listen Later Apr 18, 2023 10:35


This is Garrison Hardie with your CrossPolitic Daily News Brief for Tuesday, April 18th, 2023. It’s been awhile since I’ve done this… but how about some “On this day in History!” On this day in history, April 18th… 1506 The cornerstone of the current St. Peter's Basilica is laid in the Vatican by Pope Julius II 1775 Paul Revere and William Dawes ride from Charlestown to Lexington warning the "regulars are coming!” 1783 American Revolution: George Washington issues General Order announcing the end of hostilities with Britain, giving thanks to the Almighty, and offering congratulations and authorizing an extra ration of alcohol to the troops to celebrate 1906 San Francisco earthquake and fire kills nearly 4,000 while destroying 75% of the city 2018 “Black Panther” is the first film shown at a commercial cinema in 35 years in Saudi Arabia as cinemas are reopened Famous Birthdays… James Woods - 75, Conan O’Brien - 59 https://nypost.com/2023/04/17/kevin-mccarthy-vows-house-will-vote-on-one-year-debt-hike/ As Biden hides, House will vote on one-year debt limit hike House Speaker Kevin McCarthy vowed Monday that while President Biden “continues to hide, House Republicans will take action” on a plan meant to limit federal borrowing to one year and reduce government spending. “Let me be clear: A no-strings-attached debt limit increase will not pass,” McCarthy (R-Calif.), 58, said in a speech at the New York Stock Exchange meant to evoke former President Ronald Reagan’s visit to the trading floor nearly 40 years ago. Monday’s remarks sought to highlight what McCarthy called Biden’s “irresponsible” economic policy after the speaker last month accused the commander-in-chief of being “missing in action” from debt ceiling talks. The speaker in March suggested cutting non-defense spending back to pre-inflationary levels and introducing more work requirements for some welfare programs. Biden rolled out a $6.9 trillion budget proposal the same month, which would have increased the national debt to $51 trillion over the next decade. In January, the federal government exceeded its roughly $31 trillion debt limit, halting its ability to borrow funds for programs like Social Security and Medicare. Congress last approved a debt ceiling increase in December 2021. Also in January, Treasury Secretary Janet Yellen said the federal borrowing limit will need to be increased by June of this year to prevent a default on America’s national debt. McCarthy said Biden’s unwillingness to negotiate as commander-in-chief differs greatly from his past openness to fiscal reform as a US senator and even as Barack Obama’s vice president. Both the White House and House Minority Leader Hakeem Jeffries (D-NY) compared McCarthy’s push for spending cuts to “hostage-taking.” https://www.nbcnewyork.com/news/local/crime-and-courts/2-arrested-for-allegedly-operating-illegal-chinese-police-station-in-nyc-sources-say/4247736/ 2 Arrested for Allegedly Operating Illegal Chinese ‘Police Station' in NYC Two people have been arrested by the FBI on allegations they helped operate an illegal police station for the government of China in lower Manhattan. The two are charged with conspiring to act as agents for the Chinese government. The FBI said “Harry” Lu Jianwang, 61, of the Bronx, and Chen Jinping, 59, of Manhattan, were arrested Monday morning at their homes in New York City. "The defendants worked together to establish the first overseas police station in the United States on behalf of the Fuzhou branch of the (Ministry of Public Security)," the FBI said in a statement. In addition to the New York complaint, two other complaints were filed - one against 34 members of Beijing's Municipal Public Security Bureau, and another against a group of 10 people that includes eight Chinese government officials. The common thread in the three complaints - that the suspects allegedly worked to intimidate, harass and threaten "wanted" Chinese nationals inside the United States. Last November, the FBI said it was aware that China was operating a de facto police station in Manhattan, outside of proper procedure or authority, as part of global network of such outposts. It followed a Sept. 2022 investigation by a nongovernmental organization, Safeguard Defenders, which reported there were dozens of such centers worldwide conducting police operations. Chinese officials decried that characterization, saying the "service centers" were volunteer-run and had nothing to do with policing. But the New York Times reported in January that Chinese state media had explicitly described the centers as policing facilities, acting in other countries without collaborating with local authorities. The Times also reported that the FBI had searched the East Broadway facility in the fall of 2022. https://www.businessinsider.com/nancy-pelosi-campaign-pays-man-fundraising-text-lawsuit-2023-4 Pelosi campaign pays Illinois man $7,500 after he sued over 'invasive and harassing' fundraising texts An Illinois man is now $7,500 richer after accusing Nancy Pelosi of violating federal robocalling laws. In October 2022, a Bolingbrook, Illinois resident named Jorge Rojas filed a 13-page lawsuit in the US District Court for the Northern District of Illinois that accused the former speaker of the House and her campaign of violating the Telephone Consumer Protection Act of 1991. That law, which has been found to apply to text messages in addition to calls, applies restrictions to robocalling and requires telemarketers not to contact individuals who've placed themselves on the Do Not Call Registry. "As the Supreme Court has explained, Americans passionately disagree about many things," reads the introduction of Rojas's complaint. "But they are largely united in their disdain for robocalls." According to the suit, Rojas received 21 texts from Pelosi's campaign from November 2021 to July 2022 despite previously placing himself on the registry in 2008 to "obtain solitude from invasive and harassing telemarketing calls." He went on to argue that he "experienced frustration, annoyance, irritation, and a sense that his privacy has been invaded" by the texts. Arguing that the texts constituted "malicious, intentional, willful, reckless, wanton and negligent disregard" for his rights, Rojas sought at least $31,500 in damages from Pelosi's campaign, including $1,500 for each text received. But months later, on February 22, Rojas moved to dismiss the suit against Pelosi. And according to federal campaign finance disclosures made public on Friday, the dismissal came after Rojas received a $7,500 payment marked "Settlement" from Pelosi's congressional campaign. Rojas and Pelosi's campaign did not immediately respond to Insider's request for comment. https://www.foxnews.com/us/teen-takeover-terrorizes-chicago-hundreds-children-destroy-property-attack-tourists ‘Teen Takeover’ terrorizes Chicago as hundreds of teenagers destroy property, attack tourists Hundreds of teenagers stormed the streets of downtown Chicago, smashing car windows, attacking bystanders and sending panicked tourists running from the sound of gunfire. Fox 32 cameras captured video of teenagers crowding the streets and police seeking to restore order to the area. Large groups of teens were seen blasting music from Bluetooth speakers and roaming in front of traffic, with some attempting to gain access to the city's Millennium Park, which is off-limits to those under 21 after certain hours, and the downtown Art Institute. Some teens in the group began jumping up and down on cars, smashing windows and attacking people inside. One woman told Fox 32 her husband was attacked from the driver side of his vehicle and beaten after a group of teens jumped up and down on the couple's windshield. The man was taken to a local hospital for treatment. Hundreds of police officers assisted by SWAT teams descended on downtown in an attempt to restore order as gunfire was reported multiple times amid the unfolding scene. Police were seen escorting frightened tourists back to their cars or hotels to escape the chaos, and traffic on Chicago's Michigan Avenue ground to a halt as police attempted to restore order. Police say a 6-year-old boy was shot in the arm near the Chicago Loop and a 17-year-old boy was shot in the leg. Both were taken to Northwestern Hospital and listed in fair condition, according to a report from WLS. Fox 32 reported that the chaos appeared to be another "Teen Takeover" of the city that was planned on social media, noting that a similar scene played out in Chicago last year. Some local reporters were on the scene to interview some by-standers, including a woman who’s husband was beaten in their car. 'Where are their parents?' Teens swarm downtown Chicago during violent, chaotic weekend-Play 0:53-1:23

Daily News Brief
Daily News Brief for Tuesday, April 18th, 2023

Daily News Brief

Play Episode Listen Later Apr 18, 2023 10:35


This is Garrison Hardie with your CrossPolitic Daily News Brief for Tuesday, April 18th, 2023. It’s been awhile since I’ve done this… but how about some “On this day in History!” On this day in history, April 18th… 1506 The cornerstone of the current St. Peter's Basilica is laid in the Vatican by Pope Julius II 1775 Paul Revere and William Dawes ride from Charlestown to Lexington warning the "regulars are coming!” 1783 American Revolution: George Washington issues General Order announcing the end of hostilities with Britain, giving thanks to the Almighty, and offering congratulations and authorizing an extra ration of alcohol to the troops to celebrate 1906 San Francisco earthquake and fire kills nearly 4,000 while destroying 75% of the city 2018 “Black Panther” is the first film shown at a commercial cinema in 35 years in Saudi Arabia as cinemas are reopened Famous Birthdays… James Woods - 75, Conan O’Brien - 59 https://nypost.com/2023/04/17/kevin-mccarthy-vows-house-will-vote-on-one-year-debt-hike/ As Biden hides, House will vote on one-year debt limit hike House Speaker Kevin McCarthy vowed Monday that while President Biden “continues to hide, House Republicans will take action” on a plan meant to limit federal borrowing to one year and reduce government spending. “Let me be clear: A no-strings-attached debt limit increase will not pass,” McCarthy (R-Calif.), 58, said in a speech at the New York Stock Exchange meant to evoke former President Ronald Reagan’s visit to the trading floor nearly 40 years ago. Monday’s remarks sought to highlight what McCarthy called Biden’s “irresponsible” economic policy after the speaker last month accused the commander-in-chief of being “missing in action” from debt ceiling talks. The speaker in March suggested cutting non-defense spending back to pre-inflationary levels and introducing more work requirements for some welfare programs. Biden rolled out a $6.9 trillion budget proposal the same month, which would have increased the national debt to $51 trillion over the next decade. In January, the federal government exceeded its roughly $31 trillion debt limit, halting its ability to borrow funds for programs like Social Security and Medicare. Congress last approved a debt ceiling increase in December 2021. Also in January, Treasury Secretary Janet Yellen said the federal borrowing limit will need to be increased by June of this year to prevent a default on America’s national debt. McCarthy said Biden’s unwillingness to negotiate as commander-in-chief differs greatly from his past openness to fiscal reform as a US senator and even as Barack Obama’s vice president. Both the White House and House Minority Leader Hakeem Jeffries (D-NY) compared McCarthy’s push for spending cuts to “hostage-taking.” https://www.nbcnewyork.com/news/local/crime-and-courts/2-arrested-for-allegedly-operating-illegal-chinese-police-station-in-nyc-sources-say/4247736/ 2 Arrested for Allegedly Operating Illegal Chinese ‘Police Station' in NYC Two people have been arrested by the FBI on allegations they helped operate an illegal police station for the government of China in lower Manhattan. The two are charged with conspiring to act as agents for the Chinese government. The FBI said “Harry” Lu Jianwang, 61, of the Bronx, and Chen Jinping, 59, of Manhattan, were arrested Monday morning at their homes in New York City. "The defendants worked together to establish the first overseas police station in the United States on behalf of the Fuzhou branch of the (Ministry of Public Security)," the FBI said in a statement. In addition to the New York complaint, two other complaints were filed - one against 34 members of Beijing's Municipal Public Security Bureau, and another against a group of 10 people that includes eight Chinese government officials. The common thread in the three complaints - that the suspects allegedly worked to intimidate, harass and threaten "wanted" Chinese nationals inside the United States. Last November, the FBI said it was aware that China was operating a de facto police station in Manhattan, outside of proper procedure or authority, as part of global network of such outposts. It followed a Sept. 2022 investigation by a nongovernmental organization, Safeguard Defenders, which reported there were dozens of such centers worldwide conducting police operations. Chinese officials decried that characterization, saying the "service centers" were volunteer-run and had nothing to do with policing. But the New York Times reported in January that Chinese state media had explicitly described the centers as policing facilities, acting in other countries without collaborating with local authorities. The Times also reported that the FBI had searched the East Broadway facility in the fall of 2022. https://www.businessinsider.com/nancy-pelosi-campaign-pays-man-fundraising-text-lawsuit-2023-4 Pelosi campaign pays Illinois man $7,500 after he sued over 'invasive and harassing' fundraising texts An Illinois man is now $7,500 richer after accusing Nancy Pelosi of violating federal robocalling laws. In October 2022, a Bolingbrook, Illinois resident named Jorge Rojas filed a 13-page lawsuit in the US District Court for the Northern District of Illinois that accused the former speaker of the House and her campaign of violating the Telephone Consumer Protection Act of 1991. That law, which has been found to apply to text messages in addition to calls, applies restrictions to robocalling and requires telemarketers not to contact individuals who've placed themselves on the Do Not Call Registry. "As the Supreme Court has explained, Americans passionately disagree about many things," reads the introduction of Rojas's complaint. "But they are largely united in their disdain for robocalls." According to the suit, Rojas received 21 texts from Pelosi's campaign from November 2021 to July 2022 despite previously placing himself on the registry in 2008 to "obtain solitude from invasive and harassing telemarketing calls." He went on to argue that he "experienced frustration, annoyance, irritation, and a sense that his privacy has been invaded" by the texts. Arguing that the texts constituted "malicious, intentional, willful, reckless, wanton and negligent disregard" for his rights, Rojas sought at least $31,500 in damages from Pelosi's campaign, including $1,500 for each text received. But months later, on February 22, Rojas moved to dismiss the suit against Pelosi. And according to federal campaign finance disclosures made public on Friday, the dismissal came after Rojas received a $7,500 payment marked "Settlement" from Pelosi's congressional campaign. Rojas and Pelosi's campaign did not immediately respond to Insider's request for comment. https://www.foxnews.com/us/teen-takeover-terrorizes-chicago-hundreds-children-destroy-property-attack-tourists ‘Teen Takeover’ terrorizes Chicago as hundreds of teenagers destroy property, attack tourists Hundreds of teenagers stormed the streets of downtown Chicago, smashing car windows, attacking bystanders and sending panicked tourists running from the sound of gunfire. Fox 32 cameras captured video of teenagers crowding the streets and police seeking to restore order to the area. Large groups of teens were seen blasting music from Bluetooth speakers and roaming in front of traffic, with some attempting to gain access to the city's Millennium Park, which is off-limits to those under 21 after certain hours, and the downtown Art Institute. Some teens in the group began jumping up and down on cars, smashing windows and attacking people inside. One woman told Fox 32 her husband was attacked from the driver side of his vehicle and beaten after a group of teens jumped up and down on the couple's windshield. The man was taken to a local hospital for treatment. Hundreds of police officers assisted by SWAT teams descended on downtown in an attempt to restore order as gunfire was reported multiple times amid the unfolding scene. Police were seen escorting frightened tourists back to their cars or hotels to escape the chaos, and traffic on Chicago's Michigan Avenue ground to a halt as police attempted to restore order. Police say a 6-year-old boy was shot in the arm near the Chicago Loop and a 17-year-old boy was shot in the leg. Both were taken to Northwestern Hospital and listed in fair condition, according to a report from WLS. Fox 32 reported that the chaos appeared to be another "Teen Takeover" of the city that was planned on social media, noting that a similar scene played out in Chicago last year. Some local reporters were on the scene to interview some by-standers, including a woman who’s husband was beaten in their car. 'Where are their parents?' Teens swarm downtown Chicago during violent, chaotic weekend-Play 0:53-1:23

Fight Laugh Feast USA
Daily News Brief for Tuesday, April 18th, 2023 [Daily News Brief]

Fight Laugh Feast USA

Play Episode Listen Later Apr 18, 2023 10:35


This is Garrison Hardie with your CrossPolitic Daily News Brief for Tuesday, April 18th, 2023. It’s been awhile since I’ve done this… but how about some “On this day in History!” On this day in history, April 18th… 1506 The cornerstone of the current St. Peter's Basilica is laid in the Vatican by Pope Julius II 1775 Paul Revere and William Dawes ride from Charlestown to Lexington warning the "regulars are coming!” 1783 American Revolution: George Washington issues General Order announcing the end of hostilities with Britain, giving thanks to the Almighty, and offering congratulations and authorizing an extra ration of alcohol to the troops to celebrate 1906 San Francisco earthquake and fire kills nearly 4,000 while destroying 75% of the city 2018 “Black Panther” is the first film shown at a commercial cinema in 35 years in Saudi Arabia as cinemas are reopened Famous Birthdays… James Woods - 75, Conan O’Brien - 59 https://nypost.com/2023/04/17/kevin-mccarthy-vows-house-will-vote-on-one-year-debt-hike/ As Biden hides, House will vote on one-year debt limit hike House Speaker Kevin McCarthy vowed Monday that while President Biden “continues to hide, House Republicans will take action” on a plan meant to limit federal borrowing to one year and reduce government spending. “Let me be clear: A no-strings-attached debt limit increase will not pass,” McCarthy (R-Calif.), 58, said in a speech at the New York Stock Exchange meant to evoke former President Ronald Reagan’s visit to the trading floor nearly 40 years ago. Monday’s remarks sought to highlight what McCarthy called Biden’s “irresponsible” economic policy after the speaker last month accused the commander-in-chief of being “missing in action” from debt ceiling talks. The speaker in March suggested cutting non-defense spending back to pre-inflationary levels and introducing more work requirements for some welfare programs. Biden rolled out a $6.9 trillion budget proposal the same month, which would have increased the national debt to $51 trillion over the next decade. In January, the federal government exceeded its roughly $31 trillion debt limit, halting its ability to borrow funds for programs like Social Security and Medicare. Congress last approved a debt ceiling increase in December 2021. Also in January, Treasury Secretary Janet Yellen said the federal borrowing limit will need to be increased by June of this year to prevent a default on America’s national debt. McCarthy said Biden’s unwillingness to negotiate as commander-in-chief differs greatly from his past openness to fiscal reform as a US senator and even as Barack Obama’s vice president. Both the White House and House Minority Leader Hakeem Jeffries (D-NY) compared McCarthy’s push for spending cuts to “hostage-taking.” https://www.nbcnewyork.com/news/local/crime-and-courts/2-arrested-for-allegedly-operating-illegal-chinese-police-station-in-nyc-sources-say/4247736/ 2 Arrested for Allegedly Operating Illegal Chinese ‘Police Station' in NYC Two people have been arrested by the FBI on allegations they helped operate an illegal police station for the government of China in lower Manhattan. The two are charged with conspiring to act as agents for the Chinese government. The FBI said “Harry” Lu Jianwang, 61, of the Bronx, and Chen Jinping, 59, of Manhattan, were arrested Monday morning at their homes in New York City. "The defendants worked together to establish the first overseas police station in the United States on behalf of the Fuzhou branch of the (Ministry of Public Security)," the FBI said in a statement. In addition to the New York complaint, two other complaints were filed - one against 34 members of Beijing's Municipal Public Security Bureau, and another against a group of 10 people that includes eight Chinese government officials. The common thread in the three complaints - that the suspects allegedly worked to intimidate, harass and threaten "wanted" Chinese nationals inside the United States. Last November, the FBI said it was aware that China was operating a de facto police station in Manhattan, outside of proper procedure or authority, as part of global network of such outposts. It followed a Sept. 2022 investigation by a nongovernmental organization, Safeguard Defenders, which reported there were dozens of such centers worldwide conducting police operations. Chinese officials decried that characterization, saying the "service centers" were volunteer-run and had nothing to do with policing. But the New York Times reported in January that Chinese state media had explicitly described the centers as policing facilities, acting in other countries without collaborating with local authorities. The Times also reported that the FBI had searched the East Broadway facility in the fall of 2022. https://www.businessinsider.com/nancy-pelosi-campaign-pays-man-fundraising-text-lawsuit-2023-4 Pelosi campaign pays Illinois man $7,500 after he sued over 'invasive and harassing' fundraising texts An Illinois man is now $7,500 richer after accusing Nancy Pelosi of violating federal robocalling laws. In October 2022, a Bolingbrook, Illinois resident named Jorge Rojas filed a 13-page lawsuit in the US District Court for the Northern District of Illinois that accused the former speaker of the House and her campaign of violating the Telephone Consumer Protection Act of 1991. That law, which has been found to apply to text messages in addition to calls, applies restrictions to robocalling and requires telemarketers not to contact individuals who've placed themselves on the Do Not Call Registry. "As the Supreme Court has explained, Americans passionately disagree about many things," reads the introduction of Rojas's complaint. "But they are largely united in their disdain for robocalls." According to the suit, Rojas received 21 texts from Pelosi's campaign from November 2021 to July 2022 despite previously placing himself on the registry in 2008 to "obtain solitude from invasive and harassing telemarketing calls." He went on to argue that he "experienced frustration, annoyance, irritation, and a sense that his privacy has been invaded" by the texts. Arguing that the texts constituted "malicious, intentional, willful, reckless, wanton and negligent disregard" for his rights, Rojas sought at least $31,500 in damages from Pelosi's campaign, including $1,500 for each text received. But months later, on February 22, Rojas moved to dismiss the suit against Pelosi. And according to federal campaign finance disclosures made public on Friday, the dismissal came after Rojas received a $7,500 payment marked "Settlement" from Pelosi's congressional campaign. Rojas and Pelosi's campaign did not immediately respond to Insider's request for comment. https://www.foxnews.com/us/teen-takeover-terrorizes-chicago-hundreds-children-destroy-property-attack-tourists ‘Teen Takeover’ terrorizes Chicago as hundreds of teenagers destroy property, attack tourists Hundreds of teenagers stormed the streets of downtown Chicago, smashing car windows, attacking bystanders and sending panicked tourists running from the sound of gunfire. Fox 32 cameras captured video of teenagers crowding the streets and police seeking to restore order to the area. Large groups of teens were seen blasting music from Bluetooth speakers and roaming in front of traffic, with some attempting to gain access to the city's Millennium Park, which is off-limits to those under 21 after certain hours, and the downtown Art Institute. Some teens in the group began jumping up and down on cars, smashing windows and attacking people inside. One woman told Fox 32 her husband was attacked from the driver side of his vehicle and beaten after a group of teens jumped up and down on the couple's windshield. The man was taken to a local hospital for treatment. Hundreds of police officers assisted by SWAT teams descended on downtown in an attempt to restore order as gunfire was reported multiple times amid the unfolding scene. Police were seen escorting frightened tourists back to their cars or hotels to escape the chaos, and traffic on Chicago's Michigan Avenue ground to a halt as police attempted to restore order. Police say a 6-year-old boy was shot in the arm near the Chicago Loop and a 17-year-old boy was shot in the leg. Both were taken to Northwestern Hospital and listed in fair condition, according to a report from WLS. Fox 32 reported that the chaos appeared to be another "Teen Takeover" of the city that was planned on social media, noting that a similar scene played out in Chicago last year. Some local reporters were on the scene to interview some by-standers, including a woman who’s husband was beaten in their car. 'Where are their parents?' Teens swarm downtown Chicago during violent, chaotic weekend-Play 0:53-1:23

The Consumer Finance Podcast
2022 Year in Review and Look Ahead Crossover With FCRA Focus

The Consumer Finance Podcast

Play Episode Listen Later Feb 17, 2023 28:01


Please join Consumer Financial Services Partner Chris Willis in this inaugural crossover episode with Partner Dave Gettings of FCRA Focus in welcoming their guests and fellow Partners Cindy Hanson and David Anthony. Dave, Chris, Cindy, and David unite to discuss the 2022 year in review of the Fair Credit Reporting Act and a look ahead for the next year.Cindy Hanson focuses her practice on class-action defense and has practiced FCRA litigation for over 25 years. She has handled more than a thousand matters under the FCRA and also brings significant experience representing companies defending class actions under consumer protection statues and state common law.David Anthony represents companies in highly regulated industries, including consumer financial services companies. He brings significant experience in class actions and complex individual lawsuits. He has vast litigation experience defending cases under the FCRA, the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act, and numerous other federal and state consumer protection statutes.

See You In Court
Why Do We Love Legal Thrillers? | Lance McMillian | See You in Court Podcast

See You In Court

Play Episode Listen Later Jan 13, 2023 81:31


Today on the podcast, Robin and Lester interview Lance McMillian acclaimed legal author and scholar.   Guest Bio Lance obtained his B.A., University of North Carolina at Chapel Hill, Phi Beta Kappa and his J.D., University of Georgia, summa cum laude, Order of the Coif. He is a full-time professor of law at John Marshall School of Law where he teaches Torts, Constitutional Law, Federal Courts, Constitutional Law Seminar, First Amendment Seminar, White Collar Crime, Domestic Relations, Depositions, Law Office Management, Remedies in Context, Scholarly Writing.   Professor McMillian joined the Atlanta's John Marshall faculty in 2007. Before embarking on a teaching and writing career, Professor McMillian wore many different hats in the legal profession, including those of civil litigator, commercial arbitrator, and certified mediator. The focus of his practice centered primarily on complex litigation—class action prosecution and defense, business torts, constitutional torts, and discrimination. In 2002, he became a founding partner of the law firm of McMillian & Camp, LLP. Following its inception, the firm was approved as lead counsel by numerous federal and state courts in class and collective actions arising under the Telephone Consumer Protection Act and the Fair Labor Standards Act. In this role, Professor McMillian successfully negotiated several six and seven-figure settlements. As a neutral, Professor McMillian mediated and arbitrated over 100 active lawsuits.   Professor McMillian's writing career is just as diverse. He is a novelist and creator of the Atlanta Murder Squad series. The first book in the series, The Murder of Sara Barton, won a prestigious B.R.A.G. Medallion and became a #1 Best Seller Legal Thriller on Amazon. His nonfiction work has appeared in such legal journals as the North Carolina Law Review, the Washington and Lee Law Review, the Wisconsin Law Review, the Alabama Law Review, the Tennessee Law Review, the Southern Cal Interdisciplinary Law Journal, and the American Journal of Trial Advocacy. He also contributed a chapter for Lawyers In Your Living Room! Law On Television, a book project from the American Bar Association that also featured essays from actors Sam Waterston and James Woods. A number of federal and states courts, including an opinion by Judge Richard Posner of the Seventh Circuit Court of Appeals, have cited Professor McMillian in their opinions.   Professor McMillian is married to Justice Carla Wong McMillian of the Georgia Supreme Court. Atlanta'ss John Marshall Law School (AJMLS) is a private for-profit law school in Atlanta, Georgia. It was founded in 1933 and named for John Marshall, the fourth chief justice of the Supreme Court of the United States. AJMLS is accredited by the American Bar Association. It was among the first southern law schools to integrate. It is in Midtown Atlanta and is accredited by the American Bar Association. AJMLS offers five J.D. programs: full-time day, part-time day, part- time evening, accelerated/spring start, and a Criminal Justice Certificate Program (led by MacArthur Genius Fellow, Jonathan Rapping).   Lance's books are: To Kill A Lawyer (2021)   Death to the Chief (2021)   The Murder of Sara Barton (2020) Lance's latest novel is “Hard Way to Die”, the 4 th in the Atlanta Murder Squad series, and takes place at a Georgia State Bar Annual Meeting on Jekyll Island.   Links: Lance McMillian - Atlanta's John Marshall Law School http://www.akintate.com/ https://www.gatriallawyers.net/ See You In Court Website To learn more about the Georgia Civil Justice Foundation, visit fairplay.org

American Democracy Minute
Episode 162: ADM for Dec. 12, 2022: 2020 Voter Suppress Robo Call Perpetrators Plead Guilty - Get 500 Hours of Registering Voters

American Democracy Minute

Play Episode Listen Later Dec 10, 2022 1:29


2020 Voter Suppress Robo Call Perpetrators Plead Guilty - Get 500 Hours of Registering VotersToday's LinksArticles & Resources:NPR - They ran a voter suppression scheme. Now they're sentenced to register votersLawyers Committee for Civil Rights Under Law - FCC Levies $5 Million Fine, Affirms Civil Rights Protections Against Voter Suppression RobocallsInsider - Less than 7% of bungling conservative operative Jacob Wohl's voter suppression robocalls reached a phoneNPR - Far-Right Activists Charged Over Robocalls That Allegedly Targeted Minority VotersGroups Taking Action: Lawyers Committee for Civil Rights Under Law,  National Coalition on Black Civic Participation Today's Script:  (Variations occur with audio due to editing for time) You're listening to the American Democracy Minute, keeping YOUR government by and for the people.Remember the news in 2020 about voter suppression robo calls targeting heavily Black communities like Detroit just before the election?   The two men responsible were sentenced last month.  One of their penalties?  Spend 500 hours registering people to vote.   The two men, Jacob Wohl and Jack Burkman, plead guilty to telecommunications fraud for orchestrating  85,000 robo calls to primarily African American mobile phone users in Ohio, Michigan, New York, Pennsylvania, and Illinois.   The message told those who answered that if they voted, their personal information would go into a database accessible to the police, debt collectors and the Centers for Disease Control, a tactic designed to suppress voter turnout.NPR reports that In the first of a number of legal actions, a Cuyahoga County judge sentenced them to probation with a GPS ankle bracelet, $2,500 each in fines, and 500 hours of registering voters in Washington, D.C.They also face lawsuits from a civil rights group, the Lawyers' Committee for Civil Rights Under Law, and the State of New York, plus felony charges in Michigan.   There's more.  In August 2021, the FCC said it was considering a $5 Million fine, the largest ever proposed, for robocalls violating the Telephone Consumer Protection Act.I'm getting more in the holiday spirit every day.Articles and groups taking action can be found at AmericanDemocracyMinute.org.   For the American Democracy Minute, I'm Brian Beihl.

The Three Guys Podcast
Business Chat with BNaz Featuring Consumer Rights Attorney, Derek DePetrillo, along with special Co-Host, Sales Executive, Jennifer Pesicka

The Three Guys Podcast

Play Episode Listen Later Sep 16, 2022 69:24


Personal ProfileAttorney Derek DePetrillo graduated from Massachusetts School of Law in 2007 and was admitted to practice law in the State of Massachusetts in 2007. Mr. DePetrillo is also licensed in many Federal jurisdictions across the United States.Mr. DePetrillo has been assisting consumers in consumer protection since 2010. Mr. DePetrillo's main area of practice is under the Fair Debt Collection Practices Act, The Telephone Consumer Protection Act, and the Fair Credit Reporting Act. Mr. DePetrillo has filed countless lawsuits and arbitration claims against debt collectors and banks. Mr. DePetrillo fights for the little people who have had their rights violated and need a helping hand to guide them through the stressful times of debt collection.North Andover, MassachusettsEducationMassachusetts School of Law, JD. 2007Salem State College, B.S. 1999Bar & Court Admissions:Admitted in The Commonwealth of MassachusettsAdmitted in all Federal Districts of MassachusettsAdmitted in all Federal Districts of ColoradoAdmitted in the Federal District of Eastern TexasAdmitted in all Federal Districts of ArkansasAdmitted in Federal District of NebraskaAdmitted in Federal District of North DakotaAdmitted in all Federal Districts of WisconsinAdmitted in Southern Federal District of IndianaProfessional Associations & Memberships:Essex County Bar Association(978) 212-3300attorneyderekd@consumerlawfirmcenter.comAbout Jennifer PesickaMy primary goal is to be a one stop shop for planners looking to place a program in San Diego. With three fabulous hotels (Hilton San Diego Bayfront, Hilton La Jolla Torrey Pines, and Doubletree by Hilton San Diego Mission Valley), I am able to offer something for most every groups budget. My territory includes primarily the Midwest and West Coast Association market. I have been in the hospitality industry for over 20 years and representing San Diego for the last 13 years. While I currently work remotely from Los Angeles, I had the pleasure of living in San Diego for 3 years and can't think of a better destination to hold a conference. Whether planners need assistance in finding a hotel, a venue, or information on the destination, I am available, knowledgable and ready to assist!Specialties: Destination Sales & Marketing, Meetings/Convention Market Sales, Incentive Market Sales, Meeting Planning, San Diego, Destination Selling, Hotel sales, Client Appreciation Events, San Diego destination knowledge, Networking, Business Development, Sales, Incentive Travel, Tradeshows, Conference planning, Prospecting, Meeting planning expertise ***Please note all opinions expressed on The Three Guys Podcast do not represent any Group, Company or Organization***Episode Produced by The Three Guys ProductionsThe Three Guys Podcast:Instagram:  The Three Guys Podcast (@the_three_guys_podcast_) • Instagram photos and videosTwitter:  The Three Guys Podcast (@TheThreeGuysPo1) / TwitterYouTube:   Three Guys Podcast - YouTubeLinkedIn the-three-guys-podcastDerek:  Derek DePetrillo (@derekd0518) • Instagram photos and videosBrian:  Brian Nazarian (@the_real_brian_nazarian) • Instagram photos and videosBrett:  Brett J. DePetrillo (@78brettzky)

The Three Guys Podcast
Business Chat with BNaz Featuring Consumer Rights Attorney, Derek DePetrillo, along with special Co-Host, Sales Executive, Jennifer Pesicka

The Three Guys Podcast

Play Episode Listen Later Sep 16, 2022 69:24


Personal ProfileAttorney Derek DePetrillo graduated from Massachusetts School of Law in 2007 and was admitted to practice law in the State of Massachusetts in 2007. Mr. DePetrillo is also licensed in many Federal jurisdictions across the United States.Mr. DePetrillo has been assisting consumers in consumer protection since 2010. Mr. DePetrillo's main area of practice is under the Fair Debt Collection Practices Act, The Telephone Consumer Protection Act, and the Fair Credit Reporting Act. Mr. DePetrillo has filed countless lawsuits and arbitration claims against debt collectors and banks. Mr. DePetrillo fights for the little people who have had their rights violated and need a helping hand to guide them through the stressful times of debt collection.North Andover, MassachusettsEducationMassachusetts School of Law, JD. 2007Salem State College, B.S. 1999Bar & Court Admissions:Admitted in The Commonwealth of MassachusettsAdmitted in all Federal Districts of MassachusettsAdmitted in all Federal Districts of ColoradoAdmitted in the Federal District of Eastern TexasAdmitted in all Federal Districts of ArkansasAdmitted in Federal District of NebraskaAdmitted in Federal District of North DakotaAdmitted in all Federal Districts of WisconsinAdmitted in Southern Federal District of IndianaProfessional Associations & Memberships:Essex County Bar Association(978) 212-3300attorneyderekd@consumerlawfirmcenter.comAbout Jennifer PesickaMy primary goal is to be a one stop shop for planners looking to place a program in San Diego. With three fabulous hotels (Hilton San Diego Bayfront, Hilton La Jolla Torrey Pines, and Doubletree by Hilton San Diego Mission Valley), I am able to offer something for most every groups budget. My territory includes primarily the Midwest and West Coast Association market. I have been in the hospitality industry for over 20 years and representing San Diego for the last 13 years. While I currently work remotely from Los Angeles, I had the pleasure of living in San Diego for 3 years and can't think of a better destination to hold a conference. Whether planners need assistance in finding a hotel, a venue, or information on the destination, I am available, knowledgable and ready to assist!Specialties: Destination Sales & Marketing, Meetings/Convention Market Sales, Incentive Market Sales, Meeting Planning, San Diego, Destination Selling, Hotel sales, Client Appreciation Events, San Diego destination knowledge, Networking, Business Development, Sales, Incentive Travel, Tradeshows, Conference planning, Prospecting, Meeting planning expertise ***Please note all opinions expressed on The Three Guys Podcast do not represent any Group, Company or Organization***Episode Produced by The Three Guys ProductionsThe Three Guys Podcast:Instagram:  The Three Guys Podcast (@the_three_guys_podcast_) • Instagram photos and videosTwitter:  The Three Guys Podcast (@TheThreeGuysPo1) / TwitterYouTube:   Three Guys Podcast - YouTubeLinkedIn the-three-guys-podcastDerek:  Derek DePetrillo (@derekd0518) • Instagram photos and videosBrian:  Brian Nazarian (@the_real_brian_nazarian) • Instagram photos and videosBrett:  Brett J. DePetrillo (@78brettzky)

The Consumer Finance Podcast
Keeping Up With the Bureau Episode 2: FCRA Preemption Issues, Infringing State Laws, and the CFPB's Position

The Consumer Finance Podcast

Play Episode Listen Later Sep 8, 2022 24:08


Please join Consumer Financial Services Partner Kim Phan and her guests and colleagues Alan Wingfield and David Anthony in the second episode of a special four-part series on recent developments with the Consumer Financial Protection Bureau (CFPB). In this episode, topics include the CFPB's position on preemption issues, Fair Credit Reporting Act (FCRA) state law infringement, and the CFPB's general position on state interactions and enforcement.Consumer Financial Services Partner Alan Wingfield helps consumer-facing clients navigate compliance, litigation, and regulatory risks posed by the complex web of state and federal consumer protection laws, including the FCRA and state-law analogs. He is a trusted advisor and tireless advocate, helping clients develop practical compliance and dispute-resolution strategies.David Anthony has a national litigation practice, representing companies in highly regulated industries, including consumer financial services companies. He brings significant experience in class actions and complex individual lawsuits. He has vast litigation experience defending cases under the FCRA, the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act, and numerous other federal and state consumer protection statutes, with particular expertise in matters involving companion government investigations.As a partner in the firm's Privacy + Cyber Practice Group, Kim Phan counsels financial institutions in complying with federal and state privacy and data security statutes and regulations, including the FCRA. She also provides guidance to clients on regulatory compliance matters, including navigating supervisory and enforcement interactions with the CFPB, the Federal Trade Commission, and state attorneys general and departments of consumer protection.

Business Chats with BNaz
Business Chat with BNaz Featuring Consumer Rights Attorney, Derek DePetrillo, along with special Co-Host, Sales Executive, Jennifer Pesicka

Business Chats with BNaz

Play Episode Play 45 sec Highlight Listen Later Jun 9, 2022 69:24


Personal ProfileAttorney Derek DePetrillo graduated from Massachusetts School of Law in 2007 and was admitted to practice law in the State of Massachusetts in 2007. Mr. DePetrillo is also licensed in many Federal jurisdictions across the United States.Mr. DePetrillo has been assisting consumers in consumer protection since 2010. Mr. DePetrillo's main area of practice is under the Fair Debt Collection Practices Act, The Telephone Consumer Protection Act, and the Fair Credit Reporting Act. Mr. DePetrillo has filed countless lawsuits and arbitration claims against debt collectors and banks. Mr. DePetrillo fights for the little people who have had their rights violated and need a helping hand to guide them through the stressful times of debt collection.North Andover, MassachusettsEducationMassachusetts School of Law, JD. 2007Salem State College, B.S. 1999Bar & Court Admissions:Admitted in The Commonwealth of MassachusettsAdmitted in all Federal Districts of MassachusettsAdmitted in all Federal Districts of ColoradoAdmitted in the Federal District of Eastern TexasAdmitted in all Federal Districts of ArkansasAdmitted in Federal District of NebraskaAdmitted in Federal District of North DakotaAdmitted in all Federal Districts of WisconsinAdmitted in Southern Federal District of IndianaProfessional Associations & Memberships:Essex County Bar Association(978) 212-3300attorneyderekd@consumerlawfirmcenter.comAbout Jennifer PesickaMy primary goal is to be a one stop shop for planners looking to place a program in San Diego. With three fabulous hotels (Hilton San Diego Bayfront, Hilton La Jolla Torrey Pines, and Doubletree by Hilton San Diego Mission Valley), I am able to offer something for most every groups budget. My territory includes primarily the Midwest and West Coast Association market. I have been in the hospitality industry for over 20 years and representing San Diego for the last 13 years. While I currently work remotely from Los Angeles, I had the pleasure of living in San Diego for 3 years and can't think of a better destination to hold a conference. Whether planners need assistance in finding a hotel, a venue, or information on the destination, I am available, knowledgable and ready to assist!Specialties: Destination Sales & Marketing, Meetings/Convention Market Sales, Incentive Market Sales, Meeting Planning, San Diego, Destination Selling, Hotel sales, Client Appreciation Events, San Diego destination knowledge, Networking, Business Development, Sales, Incentive Travel, Tradeshows, Conference planning, Prospecting, Meeting planning expertiseThe Three Guys PodcastInstagram:  The Three Guys Podcast (@the_three_guys_podcast_) • Instagram photos and videosTwitter:  The Three Guys Podcast (@TheThreeGuysPo1) / TwitterYouTube:   Three Guys Podcast - YouTubeDerek:  Derek DePetrillo (@derekd0518) • Instagram photos and videosBrian:  Brian Nazarian (@the_real_brian_nazarian) • Instagram photos and videosBrett:  Brett J. DePetrillo (@78brettzky) 

Latte With a Lawyer
Patrick Newman, Commercial Litigation - Collections & Class Action: Latte with a Lawyer Episode 24

Latte With a Lawyer

Play Episode Listen Later May 3, 2022 38:58


Patrick Newman, Shareholder at Bassford Remele, shares her experience as a commercial litigation attorney who defends members of the financial services industry. About Patrick Mr. Newman is a commercial litigator who defends members of the financial services industry. He regularly represents credit and collection professionals against consumer-protection lawsuits, including class actions. Mr. Newman uses practical, creative experience to help clients from across the United States prevent and navigate disputes in federal and state trial court, as well as bankruptcy courts and appellate tribunals. He has extensive experience working closely with in-house counsel and financial services providers defending against Fair Debt Collection Practices Act, Fair Credit Reporting Act, Telephone Consumer Protection Act, and other consumer-protection claims. He also counsels clients on developing compliance protocols and how to navigate regulatory enforcement actions. Mr. Newman recently secured a published federal appellate decision in favor of a collection law firm. He also successfully represented several creditors in a fast-paced Chapter 11 filed by a high-profile sporting retailer. Mr. Newman serves as Co-Chair of Bassford Remele's Recruiting Committee. Linkedin: https://www.linkedin.com/in/patrick-newman-ab085534/ Basaford Remele: https://www.bassford.com/ Learn more about EmotionTrac and our AI-driven Emotional Intelligence Platform: https://emotiontrac.com/calendly/ https://legal.emotiontrac.com/

Latte With a Lawyer
Patrick Newman, Commercial Litigation - Collections & Class Action: Latte with a Lawyer Episode 24

Latte With a Lawyer

Play Episode Listen Later May 3, 2022 38:58


Patrick Newman, Shareholder at Bassford Remele, shares her experience as a commercial litigation attorney who defends members of the financial services industry. About Patrick Mr. Newman is a commercial litigator who defends members of the financial services industry. He regularly represents credit and collection professionals against consumer-protection lawsuits, including class actions. Mr. Newman uses practical, creative experience to help clients from across the United States prevent and navigate disputes in federal and state trial court, as well as bankruptcy courts and appellate tribunals. He has extensive experience working closely with in-house counsel and financial services providers defending against Fair Debt Collection Practices Act, Fair Credit Reporting Act, Telephone Consumer Protection Act, and other consumer-protection claims. He also counsels clients on developing compliance protocols and how to navigate regulatory enforcement actions. Mr. Newman recently secured a published federal appellate decision in favor of a collection law firm. He also successfully represented several creditors in a fast-paced Chapter 11 filed by a high-profile sporting retailer. Mr. Newman serves as Co-Chair of Bassford Remele's Recruiting Committee. Linkedin: https://www.linkedin.com/in/patrick-newman-ab085534/ Basaford Remele: https://www.bassford.com/ Learn more about EmotionTrac and our AI-driven Emotional Intelligence Platform: https://emotiontrac.com/calendly/ https://legal.emotiontrac.com/

Spell of the Day

Hearme is a third level evocation with an unlimited range and a material requirement of a quarter gram of copper. This spell allows the castor to send a short message of around twenty-five words to any one person, anywhere on Earth.  The receiver will hear the sender's voice as if they were a few feet away yet it is unperceivable to anyone else.  Hearme was discovered in San Francisco on March 21, 2006.  This time was the beginning of the tech boom when millions of people were opening social media accounts.  The ease of sending instant messages online made Hearme obsolete before it's first use.  Plus, the cost of copper would make each message cost about fifteen cents at the time.  An interesting note is that mobile phone companies lowered their text message rates to undercut any competition this spell would have offered.  Hearme is mostly used in developing regions by those who do not have access to mobile technology.  One drawback of Hearme is that the receiver of the message has no control overhearing the spoken words.  In the same year of its discovery, the FCC amended the Telephone Consumer Protection Act to include unsolicited uses of Hearme.  Local offices of the Department of Magical Affairs have equipment and personnel trained to track the source of the spell to protect anyone who may feel they are being harassed.

Consumer Finance Monitor
An Update on Telephone Consumer Protection Act Litigation in the Aftermath of the U.S. Supreme Court's Decision in Facebook v. Duguid

Consumer Finance Monitor

Play Episode Listen Later Mar 24, 2022 21:09


Although the decision narrowed the technology covered by the TCPA's automatic telephone dialing system definition, the TCPA continues to be very dangerous. We first discuss the plaintiff bar's case strategy in response to the decision and the decision's implications for defendants' case strategy. We then look at the increasing volume of cases alleging violations of the TCPA provisions on calls using an artificial or prerecorded voice and do-not-call, identify the most significant remaining TCPA risks companies face, and offer thoughts on steps companies can take to reduce TCPA risk. Dan McKenna, Co-Chair of Ballard Spahr's Consumer Financial Services Group, moderates the conversation, joined by Matt Morr, a partner in the Group.

Consumer Finance Monitor
A Close Look at Lead Generation and the Compliance Risks for Lead Generators and Lead Buyers

Consumer Finance Monitor

Play Episode Listen Later Mar 17, 2022 57:49


We discuss how lead generation works, the roles of the various players in the lead generation marketplace, the key regulatory risks arising under the Fair Credit Reporting Act, Telephone Consumer Protection Act, and Telemarketing Sales Rule, FTC enforcement cases, and CFPB supervisory concerns. We also discuss the impact of the Real Estate Settlement Procedures Act's referral fee prohibition and fair lending/fair housing laws on lead generation involving mortgage-related services and state licensing issues triggered by lead generation. Alan Kaplinsky, Ballard Spahr Senior Counsel, hosts the conversation joined by Matthew Morr, Richard Andreano, and John Socknat, partners in the firm's Consumer Financial Services Group.

Hack-the-Planet Podcast

Wie lässt sich Wissen am besten organisieren? Daniel stellt seine Methode mit Obsidian.md vor. EOS M200 - https://www.canon.de/cameras/eos-m200/ USB-Netzwerk-Speicher-Box - https://www.wut.de/e-53763-ww-dade-000.php Czkawka Duplikatsuche - https://github.com/qarmin/czkawka Polyglot Files - https://github.com/Polydet/polyglot-database Polyglot Files - https://github.com/corkami TCPA - https://en.wikipedia.org/wiki/Telephone_Consumer_Protection_Act_of_1991 36c3 Klimafreundliche Software - https://fahrplan.events.ccc.de/congress/2019/Fahrplan/events/10852.html Nucbox - https://gmktec.com/products/nucbox-most-powerful-palm-sized-4k-mini-pc-1 YouTube Subtitles automatisch - https://www.dvdvideosoft.com/online-youtube-subtitles-download YouTube-DL - https://github.com/yt-dlp/yt-dlp Blinkenlights - http://blinkenlights.net/ Window Tetris Heilbronn - Obsidian.md - https://obsidian.md/ Visual Studio Code - https://code.visualstudio.com/ SSH und Ansible: https://aheil.de/blog/ansible_login_via_ssh

Emerging Litigation Podcast
The Humble Beginnings and Wild Evolution of the TCPA with Joe Apatov

Emerging Litigation Podcast

Play Episode Listen Later Jan 25, 2022 64:09


“The Telephone Consumer Protection Act had humble beginnings,” our guest writes, “with the bill's sponsor explaining that the statute would permit consumers to bring small claims cases ‘without an attorney,' and provides for an ‘amount of damages … fair to both the consumer and the telemarketer.' Twenty-eight years after its enactment in 1991, the Eighth Circuit Court of Appeals affirmed a District Court's decision to reduce a $1.6 billion jury award in a TCPA class action to only $32 million because the former was ‘shockingly large' and ‘oppressive,' in violation of the Due Process Clause .....”Only $32 million!  I mean, why bother even getting out of bed? Joining me to discuss the evolution of the TCPA is Joseph A. Apatov (japatov@mcglinchey.com), a member of the McGlinchey Stafford law firm's Consumer Financial Services Litigation practice group. Based in their Fort Lauderdale office, Joe litigates on behalf of financial services clients in both state and federal courts, with an emphasis on defending banks, mortgage lenders and servicers, private-label card issuers, and automobile finance companies. Apologies for my trip down memory lane. Bear with me as I regale you with stories from the newsroom at Mealey's Litigation Reports and the team's anxious reliance on the "latest" technology: the facsimile machine. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm. The podcast itself is a joint effort between HB and Law Street Media. If you have comments or wish to participate in one our projects, or want to tell me how much Joe enlightened you, please drop me a note at Editor@LitigationConferences.com.  Tom Hagy Litigation Enthusiast and Host of the Emerging Litigation Podcast

The Credit Repair Show!
The Telephone Consumer Protection Act (TCPA) Ep.40

The Credit Repair Show!

Play Episode Listen Later Nov 8, 2021 23:14


What do you know about "TCPA"? Well listen to this show and find out You can support my podcast with a small donation on my Cashapp $Credit1964 Email me: Creditrepair64@gmail.com Thanks you for listening. If you like the podcast please Rate it 5 stars on Apple Podcast! Much love and have a great day! Follow us “The Credit Repair Show” for daily updates on how to repair your credit. Follow me on my own credit repair website, just click on the link below or copy and paste faithfulcreditgroup.com · Follow us: Instagram: @creditrepair64 / Twitter: @creditrepair64 / Facebook: Angelo McCutchen /Facebook Group: https://www.facebook.com/groups/creditrepair64 Youtube: The Credit Repair Show https://www.youtube.com/watch?v=HY0-ylnIax0&t=76s TIKTOK- @Creditdoctor64 · Goal: We want to inspire the world to understand that they do not have to live with bad credit and that there is something that can be done about improving their credit scores. If you know of anyone that can use this podcast please share it with them. Tags: #Credit, #creditrepair64, #creditbureaus, #creditreport, #money, #home, #homebuyer #creditcards #car #carbuyer #debtbuyer --- Send in a voice message: https://anchor.fm/angelo-mccutchen/message Support this podcast: https://anchor.fm/angelo-mccutchen/support

Supreme Court Opinions
Facebook, Inc. v Duguid

Supreme Court Opinions

Play Episode Listen Later Nov 3, 2021 8:43


Facebook, Inc. v Duguid (2021) was a United States Supreme Court case related to the definition and function of auto dialers under the Telephone Consumer Protection Act of 1991 (TCPA) to send unsolicited text messages. In a unanimous decision based on statutory interpretation of the TCPA, the Supreme Court ruled that auto dialers are defined by their function to either store or produce telephone numbers from a random or sequential number generator. Background. The Telephone Consumer Protection Act of 1991 (TCPA) was passed to cut down the number of unsolicited calls that consumers were receiving. Among its provisions, the TCPA disallowed the use of automated dialers from being used to contact consumers through services that may cost the consumer money, such as through cell phones or text messaging, with violations accessed and fined by the Federal Communications Commission (FCC). Amendments have been made to the TCPA; relevant to this case was an amendment added in 2015 that exempted automated calls made to pay-for consumer lines for federal debt collection purposes. Since its inception, this "auto dialer" provision of the TCPA has been challenged as a violation of free speech rights under the First Amendment of the United States Constitution, but the federal Circuit Courts have generally upheld all challenges to the statute. The 2015 amendment created a new line of arguments to challenge the auto dialer statute of the TCPA as it carved out an exception for one type of speech and made the whole statute fundamentally content-based and unconstitutional. Concurrent to this case, the judicial proceedings of Barr v American Association of Political Consultants, Inc., one of the direct challenges to the 2015 amendment that sought to invalidate the auto dialer statute of the TCPA, began working its way to the Supreme Court. Starting in 2014, Noah Duguid began receiving text messages on his cell phone from Facebook warning him about suspicious account activity, despite the fact he had not set up a Facebook account. Duguid reached out to Facebook to rectify the situation, but Facebook did nothing to stop the messages. Duguid filed a class-action lawsuit in the United States District Court for the Northern District of California in March 2015, asserting that Facebook violated the auto dialer statute of the TCPA because the messages he received were being placed by an automatic telephone dialing system (ATDS) and seeking $1,500.00 for each message he had received. Facebook objected to the lawsuit, challenging both Duguid's claim that their notification system for logic security was an ATDS, as the messages sent were targeted to specific phone numbers and not the sequential or random number behavior associated with ATDS, and asserting that the auto dialer statute of the TCPA with the 2015 amendment was a content-based speech restriction that violated the First Amendment. Due to the latter complaint, the federal government injected itself into the case to seek its dismissal in favor of Facebook as to protect the constitutionality of the TCPA. The judge agreed on the case's dismissal, ruling in Facebook's favor that Duguid had failed to show that Facebook's logic security notification system qualified as an ATDS. --- This episode is sponsored by · Anchor: The easiest way to make a podcast. https://anchor.fm/app

Mueller, She Wrote
MSW Vol. 2 S2 E8 Rudy Booty

Mueller, She Wrote

Play Episode Listen Later Aug 29, 2021 31:00


This week: Avenatti celebrates getting a mistrial; Devin Nunes has a brother and that brother has “no idea” who is funding a lawsuit he filed against a journalist; the FCC proposes a $5M fine against bumbling malicious idiots Burkman and Wohl for their robocalls that violated the Telephone Consumer Protection Act; an update on SDNY's Rudy booty and the special master; plus the Fantasy Indictment League, and more.   Follow AG on Twitter: Dr. Allison Gill (@allisongill)   Want to support the show and get it ad-free and early? https://dailybeans.supercast.tech/ Or https://patreon.com/thedailybeans Learn more about your ad choices. Visit megaphone.fm/adchoices

Scalable Call Center Sales
[015] Are You Being TCPA Compliant? with Eric Troutman – the CZAR of TCPAWorld

Scalable Call Center Sales

Play Episode Listen Later Aug 25, 2021 44:54


What do you know about the Telephone Consumer Protection Act? Are you being compliant with it? Compliance with the TCPA is one of the most important things that call centers should be aware of. We’re all looking for ways to increase sales, but as we do it, we need to make sure that we’re not going to be shut down one day. In this episode, Eric Troutman the Czar of TCPA, and I talk about his experiences as a defense lawyer and compliance for the call center industry. Learn what you need to know in order to take care of your company in the long term. Find out if your Sales Operation in Scalable Buy Selling With Authentic Persuasion: Transform from Order Taker to Quota Breaker Get help with your sales team Connect with Jason on LinkedIn Or go to Jason's HUB – www.JasonCutter.com Eric‘s BioAs the Czar of TCPAWorld.com, Eric Troutman is one of the country's prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act litigation and compliance for the call center industry.Eric’s LinksTCPAWorld.comLearn more about EricShow less Jason: what’s going on everybody. Welcome to another special episode of the scalable call center sales podcast. So glad that you’re here, this one. I’m going to say, this is going to be a fun one. It’s going to be interesting. And it’s probably going to be scary for call center owners and sales leaders and people who are running sales teams.[00:00:18] Uh, because today I have Eric Troutman. He is a partner at the law firm of Squire, Patton Boggs, and he is the Czar of TCPA world.com. Make sure to check out that site. I will mention it at the end as well. So he is one of the country’s prominent class action defense lawyers and is nationally recognized in telephone consumer protection act litigation, TCPA, and compliance for the call center industry.[00:00:44] So we’re going to have a lot of fun, probably scaring the crap out of everybody. Eric, welcome to the scalable call center sales podcast.[00:00:51]Eric: Thanks man. It’s so goo

S&C Critical Insights
Supreme Court Business Review: Van Buren v. United States and Facebook v. Duguid

S&C Critical Insights

Play Episode Listen Later Aug 10, 2021 16:11


In the fourth episode of S&C's Supreme Court Business Review series, hosts Judd Littleton and Julia Malkina are joined by Tony Lewis and Kamil Shields to discuss two technology-related decisions from the past Term. In Van Buren, the Court limited the application of the Computer Fraud and Abuse Act to exclude defendants who access information for an improper purpose that they are otherwise authorized to access. The Facebook decision narrowed the meaning of “automatic telephone dialing system” in the Telephone Consumer Protection Act, significantly reducing the scope of conduct prohibited by that Act. Tony and Kamil discuss the impact of these decisions for companies, government officials and law enforcement.

Real Life Real Estate Investing
2021-08-04 Damon Remy Telephone Consumer Protection Act

Real Life Real Estate Investing

Play Episode Listen Later Aug 4, 2021


Baird Holm Banter
Are Robocalls Illegal?

Baird Holm Banter

Play Episode Listen Later Jul 12, 2021 21:31


In this episode of Baird Holm Banter, David Kramer and Tessa Lancaster discuss the boundaries of the Telephone Consumer Protection Act and how companies should approach robocalls and automated text messages.

Experts on Mortgage
Eric Troutman of TCPAWorld.com breaks down the Telephone Consumer Protection Act (TCPA)

Experts on Mortgage

Play Episode Listen Later Jun 8, 2021 27:00


The Telephone Consumer Protection Act (TCPA) was enacted in 1991 to protect consumers against unwanted telemarketing calls to cellular telephones made by "autodialers." At that time, the law could not comprehend the future in which cell phone usage has become increasingly widespread and many households now rely solely on cell phones as their primary means of communications. The MBA filed a petition for exemption and subsequent Application for Review because frequent communication and early intervention are essential to helping struggling homeowners resolve delinquencies and remain in their homes. This exemption is necessary because of the importance of early intervention in delinquencies, the extensive national rules governing mortgage servicer conduct and the possible dire consequences of loss of a home for the borrower. Earlier this year, the Supreme Court of the United States ruled on the TCPA in Facebook, Inc v. Duguid -- listen in as the "TCPA Czar", Eric Troutman of Squire Patton Boggs, explains the TCPA and discusses the SCOTUS decision. Host: Mike Eshelman, CMB - Head of Consumer Finance (Jornaya) Guest: Eric Troutman - Partner (Squire Patton Boggs) & TCPAWorld.com

SCOTUScast
Facebook Inc. v. Duguid - Post-Decision SCOTUScast

SCOTUScast

Play Episode Listen Later May 25, 2021 22:07


On April 1, 2021 the Supreme Court decided Facebook Inc. v. Duguid. The issue was whether the definition of an "automatic telephone dialing system" in the Telephone Consumer Protection Act of 1991 encompasses any device that can “store” and “automatically dial” telephone numbers, even if the device does not “us[e] a random or sequential number generator.”In a 9-0 opinion authored by Justice Sotamayor, the Court reversed the ruling of the Court of Appeals for the Ninth Circuit and remanded the case. The Supreme Court held, “To qualify as an ‘automatic telephone dialing system’ under the Telephone Consumer Protection Act of 1991, a device must have the capacity either to store, or to produce, a telephone number using a random or sequential number generator.” This decision narrows the federal robocoll ban. Scott D. Delacourt, Partner at Wiley Rein LLP and Daniel Lyons, Professor of Law at Boston College School of Law, joins us today for a conversation moderated by Danielle Thumann, Attorney Advisor for FCC Commissioner Brendan Carr.

The Auto Finance Roadmap
Weekly Wrap: Tackling compliance ambiguities in auto finance

The Auto Finance Roadmap

Play Episode Listen Later Apr 12, 2021 23:02


The auto finance industry has recently seen the removal of certain ambiguities in compliance and regulation practices.The U.S. Supreme Court, for one, clarified the definition of an automatic telephone dialing system in its April 1 decision of Facebook v. Duguid, providing auto lenders a better understanding of what an ATDS is, and how to apply that knowledge to their processes. The Telephone Consumer Protection Act continues to be a point of contention for auto lenders and regulators.

CalCurrent presented by Snell & Wilmer
Become Aware of the TCPA!

CalCurrent presented by Snell & Wilmer

Play Episode Listen Later Nov 19, 2020 11:45


The Telephone Consumer Protection Act can be a dangerous federal statute for any company communicating with the public. With unclear definitions and major statutory damages, the TCPA doesn't just apply to marketing communications. On this episode, Los Angeles partner Becca Wahlquist gives an overview on sections 227B and 227C of the TCPA.

Punk Law 101 - A Legal News, Commentary, & Comedy Series
SCOTUS! - Electoral College, Robocalls, Trademark's with ".com" & MORE!!!

Punk Law 101 - A Legal News, Commentary, & Comedy Series

Play Episode Listen Later Jul 9, 2020 57:53


SUPREME COURT OPINIONS GALORE! Electoral College, Robocalls, Trademark's with ".com", the CFPB, abortion rights and the Establishment clause!We have seven (7) Supreme Court opinions to break down this week! The first is USPTO v. Booking.com (8-1 opinion) which deal with whether the use of a .com on a generic term can create a protectable trademarkSeila Law v. CFPB- whether CFPB structure is unconstitutional because it has 1 director who can only be removed “for cause”June Medical Services v. Russo - Struck down law requiring doctors to admitting privileges at nearby hospitalUSA for International development v. alliance for open society international, inc. Held that a Law that required organizations accepting HIV/Aids funding to have policies opposings prostitution and sex traffickin does not violate first amendmentEspinoza v. Montana Department of Revenue- The application of the Montana Constitution's “no-aid” provision to a state program providing tuition assistance to parents who send their children to private schools discriminated against religious schools and the families whose children attend or hope to attend them in violation of the free exercise clause.Robocall case- Barr v. American Association of Political Consultants Inc. Holding: The exception for calls to collect government debt from a federal ban on robocalls to cellphones violates the First Amendment, but the exception is severable from the rest of the Telephone Consumer Protection Act of 1991.Faithless Electors case “ CHIAFALO v. WASHINGTONHolding: A state may enforce an elector's pledge to support their party's nominee – and the state voters' choice – for president in the Electoral College.WARNING! This podcast is for informational purposes only and should not be considered a substitute for legal advice. If you have a question or wish to act upon the information in this podcast, we recommend you consult an attorney in your state.*Punk Law 101- A Legal News, Commentary, & Comedy Series*Walter John Deptuch, Esq.: @BrojodeathpunchFollow the podcast at: @punklaw101Punk Law 101 is an informational and entertainment series. Through a series of youtube videos, podcasts and interviews with other lawyers and local stand up comedians. We're gonna try to figure out just how and why our legal system works the way it does... and is there a way it could work better?We'll review recent #SupremeCourt decisions, discuss current and past #political movements, and compare pop culture references like TV Shows, Movies and even Memes!#LegalNews #PolticalNews #PolitcalCommentary #Lawyer #attorney #Esquire #Law #Evidence #CriminalLaw #Trademark #Copyright #Bankruptcy #StudentLoans #PoliticalSatire #BadLawyer #TrueCrime #Arrests

Talking Real
Ep 82: Text with Care

Talking Real

Play Episode Listen Later Aug 13, 2019 28:57


Text messages might be the fastest (and most effective) way to reach your clients but it does require some care. We go through what you should keep in mind with the Telephone Consumer Protection Act to avoid getting into hot water and some text messaging best practices.