Score is Now 3-2 in Favor of Marks: 6th Circuit Adopts 9th Circuit Definition of ATDS

The score is now 3-2 in favor of the Marks ATDS definition. Yesterday, the Sixth Circuit Court of Appeals ruled that a predictive dialer system is an automatic telephone dialing system (ATDS) because the Telephone Consumer Protection Act’s (TCPA) ATDS definition includes all dialers that call from a list, not just those that call using a random or sequential number generator. The case is Allan v. Pa. Higher Ed. Assist. Agency. Case No. 19-2043 (6th Cir. 2020)  and it can be found here. 

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» Score is Now 3-2 in Favor of Marks: 6th Circuit Adopts 9th Circuit Definition of ATDS

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Hit from Both Sides: Third Circuit Allows CFPB and State AG to Run Concurrent Lawsuits Against Navient

Both the Consumer Financial Protection Bureau (CFPB) and Pennsylvania’s Attorney General (PA AG) filed lawsuits against Navient for its processes. Navient challenged the concurrent investigations, arguing that the Consumer Protection Act prohibited concurrent, parallel actions by the AG and the CFPB, and that the Higher Education Act preempts the state’s actions under state law. The Third Circuit—agreeing with the district court below it—ruled against Navient, finding that there was nothing wrong with these concurrent lawsuits. This article will focus on the concurrent suit claims only.

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Women in Consumer & Commercial Finance Conference 2020

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

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