The TCPA Balance Shifts: The Eleventh Circuit Decision in Mais is Extremely Favorable for Collectors
Richmond partners David Anthony, Alan Wingfield and Chad Fuller, San Diego associate Naomi Spector, and Richmond associate Virginia Bell Flynn had their September 30 advisory published as an article, “The TCPA Balance Shifts: The Eleventh Circuit Decision in Mais is Extremely Favorable for Collectors,” by TerraLex.
“The Eleventh Circuit's decision, Mais v. Gulf Coast Collection Bureau, Inc., reverses the district court and holds that the: (1) district court exceeded its jurisdiction by declaring that a 2008 FCC ruling was inconsistent with the TCPA; (2) the 2008 FCC ruling regarding prior express consent applies to medical creditors, in addition to consumer debt collectors; (3) consent may be obtained through an intermediary; and (4) the term ‘health information’ may include consent to call a cell phone number,” the publication stated.