06.2016

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Articles

Litigation arising under the federal Telephone Consumer Protection Act (TCPA) has skyrocketed recently-by some accounts growing 37.5 percent in the past year alone. This surge has had broad ranging effects across a wide variety of industries, particularly mortgage lending companies and debt collectors. Consumer litigation-often in the form of costly class actions-has transformed the TCPA from a statute aimed at restricting telemarketing practices and junk faxes to one that regulates communications between creditors and debt collectors and their customers. Consumer litigation-often in the form of costly class actions-has transformed the TCPA from a statute aimed at restricting telemarketing practices and junk faxes to one that regulates communications between creditors and debt collectors and their customers. And with settlements and potential exposure in this area routinely in the multimillion-dollar range, the TCPA's impact on mortgage companies cannot be understated.