TCPA Ruling Could Gag Banks, ABA Tells 9th Circ.

Law360, New York (November 5, 2012, 4:50 PM EST) -- A decision upholding class certification in a suit claiming a debt collection agency illegally used an automated system to call debtors' cellphones without their consent could prevent bank customers from receiving automated communications from their banks, the American Bankers Association told the Ninth Circuit on Friday.

The ABA said when a Ninth Circuit panel upheld provisional certification of the class action accusing debt collection agency Portfolio Recovery Associates LLC of violating the Telephone Consumer Protection Act on Oct. 12, it erroneously held that consumers who provided...
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