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Showing 2 posts in 4th Circuit Court of Appeals.

U.S. Supreme Court Balks on Judicial Deference to FCC in TCPA Case, While Concurrence Led by Justice Kavanaugh Looks to Swing

TCPA litigators have been closely monitoring the U.S. Supreme Court's docket waiting for a ruling in the PDR Network case. At stake is what kind of judicial deference should be given to the FCC's interpretation of the Telephone Consumer Protection Act (TCPA). Specifically, the Court was set to decide whether the Hobbs Act required the District Court to accept the FCC's legal interpretation of the TCPA. Numerous decisions at both the District Court and Circuit levels have held that trial courts have no discretion to review an FCC order interpreting the TCPA, meaning that courts must provide these orders complete deference. More ›

Does the FDCPA Apply to Debt Buyers? U.S. Supreme Court Will Soon Decide

On April 18, 2017, the Supreme Court of the United States heard oral argument on the issue of whether the Fair Debt Collection Practices Act ("FDCPA") extends beyond traditional "debt collectors" to those entities that purchase debts from the original lender after a consumer account is in default, commonly known as "debt buyers." The case, Henson v. Santander Consumer USA, Inc., No. 16-349, on appeal from the United States Court of Appeals for the Fourth Circuit, touches upon the original purpose of the FDCPA in eliminating abusive debt collection practices by debt collectors. The key inquiry for the Court then was to determine whether the Congressional intent behind the Act was indeed to regulate all groups of entities in the debt collection marketplace or, in fact, more limited in scope to just those companies that collect directly or indirectly on behalf of another entity. More ›

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