Cell Phone’s Visible Transposition of Voice Message to Text is Not Third Party Disclosure According to District of New Jersey

Many cell phones have the ability to transpose voice messages into text allowing quick review of the message without the need to take the time to listen to it. In Nelson v. Receivables Outsourcing, LLC, No. 1:17-cv-11543 (D.N.J. Aug. 14, 2018), the District of New Jersey recently reviewed whether such a voice-to-text transposition qualifies as third party disclosure if it appears on the face of a consumer’s cell phone. According to the court, this alone is insufficient for an Fair Debt Collection Practices Act (FDCPA) claim to survive a motion to dismiss.

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E.D. Michigan Excludes Plaintiff’s Expert Report, Then Finds That ACA Int’l Vacated All Prior FCC Rulings on ATDS Functionality

It’s hard to keep track of developments on ATDS functionality these days, as week-by-week we’ve had courts across the country coming out on different sides of this raging debate. Last week was no different, and we have a nice ruling out by Judge Gershwin A. Drain of the Eastern District of Michigan in which he excluded an expert report submitted by Jeff Hansen, then went on to hold that the D.C. Circuit had completely “set aside the [FCC’s] declarations regarding the capacity and functions of an ATDS,” in ACA Int’l. Keyes v. Ocwen Loan Servicing, No. 17-cv-11492, 2018 U.S. Dist. LEXIS 138445, at *15 (E.D. Mich. Aug. 16, 2018).

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Women in Consumer Finance Conference

10 December 2018 at 06:00 p.m.

Sharpen your leadership skills, expand your professional network and help improve your workplace culture when you attend Women in Consumer Finance 2018 – a conference and networking event for ALL women in consumer finance.

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