Barton v. Ocwen Loan Servicing, LLC, Civil No. 12—162 (MJD/JJG), 2012 WL 449860 (D.Minn. Sept. 26, 2012) Plaintiff asserted several claims relating to Defendants' alleged efforts to collect mortgage debt. Dismissing Plaintiff's TCPA claim for failure to state a claim upon which relief can be granted, the court stated "Plaintiff alleges that Defendants violated the TCPA by contacting her on her cell phone. The TCPA prohibits the use of automated telephone equipment to a cellular telephone for which the party is charged for the call. 47 § 227(b)(1)(A)(iii). The TCPA does not ...
The Telephone Consumer Protection Act, 47 U.S.C. § 227 (TCPA) is a federal statute that was enacted in 1991 to address concerns relating to telemarketing/solicitation practices. It amended the Communications Act of 1934, and has been characterized by Manuel H. Newberger, in FDCPA Updated On The TCPA, Time-Barred Debt and Voice Mail Messages, as “one of the new weapons of choice of those suing debt collectors.” But it has far broader application. For example, it has entangled not only debt collectors but also other businesses ranging from local businesses to national banks and ...