Banks Can't Duck Robocall Liability With Earlier TCPA Deal

By Lauraann Wood (July 15, 2019, 3:28 PM EDT) -- An Illinois federal judge has freed three banks from direct liability claims over their loan servicer's illegal mortgage loan collection robocalls, but said the banks can't use an earlier settlement between borrowers and the loan servicer in the Telephone Consumer Protection Act case to avoid vicarious liability claims.

U.S. District Judge Matthew Kennelly said Sunday that one of the most significant factors at play when he signed off on a $21.5 million class deal with Ocwen Loan Servicing was the call recipients' decision to keep their claims against U.S. Bank NA, Wilmington Trust NA and Deutsche Bank National Trust Co. viable.

The banks participated...

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