Big TCPA Victory For The Collection Industry In 11th Circ.

Law360, New York (October 1, 2014, 11:01 AM EDT) -- On Sept. 29, in Gulf Coast Collection Bureau Inc. v. Mais, No. 13-14008 (11th Cir. Sept. 29, 2014), the Eleventh Circuit Court of Appeals issued a clear and decisive victory for the collection industry under the Telephone Consumer Protection Act.

In general, the TCPA is a consumer protection statute that prohibits certain telephone solicitations and automated telephone equipment. Although many TCPA cases involve the use of automatic dialing programs/systems, the TCPA also covers, among other things, prerecorded messages and text messages sent using an autodialer. The TCPA authorizes a private right of action for injunctive relief and the greater of actual...

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