It is sufficient under the TCPA for a consumer to demonstrate that a message containing a prerecorded voice was successfully delivered to his voicemail. Numerous courts have rejected the argument that the TCPA’s prohibition on making a call also requires the receipt of a phone call. 09/22/2022 4:00 P.M. 2.5 minute read Lenorowitz v. Mosquito […]
A consumer received a text message from a Subway sandwich chain offering a free bag of potato chips. She asked to opt out of its advertising, but Subway texted her again anyway. The consumer filed a class action complaint against Subway, alleging that its unwanted text messages violated the TCPA. Subway moved to dismiss. 07/19/2022 […]
The bonds are increasing for main locations and individual branches for licensees effective Oct. 1. 06/20/2022 12:00 P.M. 1 minute read The Connecticut Department of Banking has approved a bond increase from $25,000 for each licensed location to $50,000 for main location bonds. An additional $50,000 in bonds will be added for each branch. The […]
Connecticut is the fifth state to enact data privacy legislation while discussions on a federal bill are underway again in the U.S. House of Representatives. 06/15/2022 4:15 P.M. 3.5 minute read Connecticut’s data privacy legislation was signed by Gov. Ned Lamont last month, adding it to the handful of states with their own data privacy […]
2022 has been a busy year in terms of state data privacy laws. Read this update from attorney member Josh Stevens and register for ACA’s state law education Hot Topic later this month. 05/05/2022 11:00 A.M. 3.5 minute read Key takeaways: The Connecticut Data Privacy Act is similar to laws in Virginia and Colorado. Privacy […]
The company conducted business as a consumer collection agency without a license in Connecticut, resulting in a consent order, fine, and cease-and-desist order. 04/27/2022 3:30 P.M. 3 minute read On April 1, 2022, the Connecticut Department of Banking Commissioner entered into a Consent Order with US Asset Management Inc. d/b/a USAM in Norwell, Massachusetts for […]
A Connecticut district court found a consumer’s claim that she would have considered paying other obligations had she not been confused by a letter did not amount to a concrete injury. 04/07/2022 4:45 P.M. 3.5 minute read Faherty v. Rubin & Rothman, LLC, et al., No. 3:21-CV-650(AWT), 2022 WL 1025958 (D. Conn. Apr. 6, 2022) […]
A Connecticut district court found that, when read as a whole, the validation language in a collection notice was not false or misleading. 03/15/2022 3:45 P.M. 4 minute read Faherty v. D&A Servs., LLC, No. 3:21-CV-00635 (KAD), 2021 WL 3726008 (D. Conn. Aug. 23, 2021) By Andrew Pavlik – Compliance Analyst Note: ACA provides Daily […]
The collection agency did not respond to the regulator’s information requests nor did it ask for a hearing, resulting in a cease and desist order and civil penalty. 01/27/2022 1:50 P.M. 2 minute read The Connecticut Department of Banking has revoked a debt collection agency’s license after it did not provide records of its business […]
Rejecting the arguments put forth in the Creasy decision, the court denied the defendant’s motion to dismiss, which asserted the plaintiff lacked standing to sue for TCPA claims arising between 2015 and 2020—the period before the government debt exception within the TCPA was found unconstitutional. 12/06/2021 2:00 PM 4 minute read Pavelka v. Charter Communications, […]
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