Jan. 14, 2021 — Maurice Wutscher’s Christopher Hahn has been published in Business Law Today’s Month-In-Brief: Business Regulation & Regulated Industries.
In “11th Circuit Rejects TCPA ‘Revocation of Consent’ Claim Because Borrower Re-Consented,” Mr. Hahn discusses the U.S. Court of Appeals for the Eleventh Circuit’s rejection of a customer’s claims for purported violations of the federal Telephone Consumer Protection Act, after the customer “re-consented” to receive automatic telephone dialing system and prerecorded calls to his cell phone regarding the customer’s student loans.
Mr. Hahn writes that the Eleventh Circuit concluded “that it was reasonable for the Servicer to understand the customer’s submission of the online demographic form that contained his cell phone number and a clear, unambiguous consent provision as his consent to the calls, and reject[ed] the Customer’s arguments that the Servicer knew or should have known that he did not want to receive the calls, and that the online demographic form was deceptive and misleading.”
In “9th Circuit Reverses Trial Court Ruling in Favor of Defendant on FDCPA Claim Related to Bankruptcy,” Mr. Hahn discusses the U.S. Court of Appeals for the Ninth Circuit’s reversal of an award of summary judgment in favor of a defendant debt collector against claims that it violated the federal Fair Debt Collection Practices Act by attempting to collect a debt that was discharged in bankruptcy and no longer owed.
“Because the Debtor’s FDCPA claims were premised on his full satisfaction of the debt through a Chapter 13 plan before the discharge was entered, and not a violation of the discharge order, the Ninth Circuit concluded that [Walls v. Wells Fargo Bank, N.A., which precludes FDCPA claims premised on a violation of a bankruptcy discharge order,] did not apply to bar his claims,” he explains.