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Recent News & Events Regarding LiveVox's Cutting-Edge Approach to TCPA Risk Mitigation

Four Clouds in the Courts

LiveVox pioneered the Four Clouds approach to TCPA-focused outbound consumer engagement. The Four Clouds consist of three human-initiated dialing systems plus an automated dialing system. Each system is available on-demand so clients can select the level of efficiency and risk mitigation for each business requirement. The Four Clouds approach has been supported in four separate court rulings as well as a number of other court developments. To see an overview of these court developments, click the Learn More button.
HCI in the Courts
Court Case
HCI in the Courts
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Court Case
Pozo v. Stellar Recovery
Middle District of Florida, September 2016
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Court Case
Smith v. Stellar Recovery
Eastern District of Michigan, February 2017
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Court Case
Schlusselberg v. RPM
District of New Jersey, June 2017
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Court Case
Arora v. TSI
Northern District of Illinois, August 2017
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Voluntary Dismissals

  • Brown v. I.C. System, Inc.
  • Jones v. Southwest Credit Systems, L.P.
  • Andrews-Ray v. Bluestern Brands

 

 

 

 

Court Case
Fleming v. ACS
District of New Jersey, September 2018
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Related Court Rulings

  • Marshall v. The CBE Group      
  • Maddox v. The CBE Group
Court Case
Hatuey v. Ic Sys.
District of Massachusetts, November 2018
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Court Case
Collins v. National Student Loan Program
District court of New Jersey, December 2018
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Ammons v. Diversified Adjustment Service, Inc.
Ammons v. Diversified Adjustment Service, Inc.
Central District of California, October 2019
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Video
Four Clouds Video
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Four Clouds Brochure
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Breaking: DC Circuit Court Reverses Key Provisions in FCC’s 2015 TCPA Rules
insideArm
This morning, the DC Circuit Court reversed several key provisions in the Federal Communication Commission’s 2015 TCPA expansion, including the FCC’s autodialer definition as well as the regulator’s approach to the treatment of consent and reassigned phone numbers. The industry has been waiting for the outcome of the case since it was filed by ACA International within days of the 2015 Declaratory Ruling and Order. The case is ACA International, et al., v. Federal Communications Commission. You can read the 51-page Appeals Court decision here. Two key provisions overturned The FCC’s 2015 Order insisted that any device that has the present or future capacity to function as an autodialer should be subject to the TCPA. That’s an overreach and an “utterly unreasonable” standard, according to the Circuit Court ruling.
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2017 in Review: TCPA and Technology
LiveVox, Inc.
2017 was another interesting year in TCPA developments. With the rate of TCPA complaints filed with the FCC close to 2016’s record breaking statistics of over 4,000+*, caution regarding contact center outreach will no doubt be dictating engagement strategies again this year. One of the most challenging aspects of the TCPA is the combined unclarity and fluidity of what is considered compliant. Without a standard certification process, businesses are left to determine what is the most appropriate action to take regarding cell phones.
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Human Intervention Means Program Not ATDS, Illinois Court Rules
Manatt, Phelps & Phillips, LLP.
Human intervention to make calls on behalf of the defendant ruled out the use of an automatic telephone dialing system (ATDS), an Illinois federal court judge has ruled, granting summary judgment in favor of the defendant. Ashok Arora claimed Transworld Systems Inc. (TSI) called Arora’s cellphone with an ATDS and without prior express consent on a dozen different occasions. He filed suit alleging violations of the Telephone Consumer Protection Act (TCPA) in Illinois federal court.
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TSI Claims Court Victory in ATDS Debate
Contact Center Compliance
Transworld Systems Inc. (TSI) scored another victory in its defense against a TCPA lawsuit that sought to categorize their LiveVox Human Call Initiator device as an Automated Dialing System (ATDS). The plaintiff claimed that TSI violated the TCPA when they made multiple debt collections calls to his cellphone without his prior expressed consent. The lawsuit hinged on the court’s opinion of whether TSI was in fact using an ATDS. The judge in the the case of Arora v. Transworld Systems granted a summary judgment siding with the defendant.
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Another U.S. District Court Rules Human Call Initiator is Not an ATDS
insideArm
Last week a federal judge in Illinois held that the LiveVox Human Call Initiator was not an Automated Telephone Dialing System (ATDS) under the Telephone Consumer Protection Act (TCPA). The case is Arora v. Transworld Systems Inc. (Case No 15-cv-4941, U.S.D.C., Northern District of Illinois, Eastern Division). In doing so, the Illinois district court followed the position of other recent federal court opinions in 1) Pozo v. Stellar Recovery Collection Agency, Inc. (Middle District of Florida), 2) Smith v. Stellar Recovery Collection Agency, Inc. (Eastern District of Michigan). insideARM wrote about the Pozo case on September 6, 2016 and the Smith case on February 8, 2017.
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Defendant’s Calling System Ruled Not an Autodialer
Manatt, Phelps & Phillips, LLP.
A Telephone Consumer Protection Act defendant successfully persuaded a Michigan federal court judge that its calling system was not an automated dialing system because there was significant human involvement in dialing phone numbers. Plaintiff Lakisha Smith alleged that defendant Stellar Recovery Inc. called her cell phone dozens of times without her consent about a debt in violation of both the Fair Debt Collection Practices Act and Telephone Consumer Protection Act. Under the TCPA, it is unlawful to use an automated telephone dialing system (ATDS) to make debt collection calls without prior consent. Defendant admitted to not obtaining consent, but disputed that some of the calls were made to plaintiff with an ATDS. Accordingly, Defendant filed for partial summary judgment on that issue.
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“Point and Click” Dialing System Ruled Not an Autodialer
Nixon Peabody
In a report and recommendation issued in the U.S. District Court for the Eastern District of Michigan, a Magistrate Judge found that LiveVox, Inc.’s HCI (Human Call Initiator) dialing system is not an autodialer subject to the Telephone Consumer Protection Act (“TCPA”). The Magistrate Judge recommended that the Court grant...
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U.S. Magistrate Judge in Michigan Rules LiveVox HCI System is Not an ATDS
insideArm
On Thursday February 2, 2017 a United States Magistrate Judge in Michigan issued a Report and Recommendation in a Telephone Consumer Protection Act (TCPA) case that determined the LiveVox, Inc. Human Call Initiator (HCI) System was not an Automatic Telephone Dialing System (ATDS) and that calls made to a consumer’s cell phone using that system did not violate the TCPA.
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With Second Decisive Win, Stellar Solidifies Prior Milestone Victory Establishing Dialing System is TCPA Compliant
insideArm
As those in the collection industry are well aware, the Telephone Consumer Protection Act (“TCPA”) prohibits the use of Automatic Telephone Dialing Systems (“ATDS”) to contact consumers on cellular telephones. Because of the tremendous growth in recent years in the use of cellular telephones by consumers, TCPA-compliant dialing systems are...
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Court Finds That Equipment That Initiates Calls With Electronic Point and Click System Is Not An ATDS
The National Law Review
In Pozo v. Stellar Recovery Collection Agency, Inc., No. 15-0929 (M.D. Fla. Sept. 2, 2016), the Middle District of Florida recently entered summary judgment against the plaintiff because it determined that an ATDS had not been used to call her The defendant in Pozo used a web-based dialing program called Human Call Initiator...
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Point and Click Dialing Software Does Not Have the "Capacity" To Be an Autodialer
Lexology
Another federal court in Florida has determined that the dialing software used by a defendant was not an ATDS under the TCPA, and did not have the “capacity” to be one under the FCC’s July 2015 Order. As we have previously discussed, the FCC’s expansive definition of an ATDS to include present and potential future...
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Stellar Recovery Secures Milestone Victory in TCPA Case
Digital Journal
Stellar Recovery secured an important court victory this month which significantly reduces the legal risk associated with the use of telephone dialing technologies to contact consumers. As those in the collection industry are well aware, the Telephone Consumer Protection Act ("TCPA") prohibits the use of automatic telephone dialing systems ("ATDS") when calling cellular telephones. Just what constitutes an ATDS, however...
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Stellar Recovery, LiveVox Win Major TCPA Victory
insideArm
In a decision filed just prior to Labor Day weekend, the US District Court for the Middle District of Florida ruled in favor of the defendant, Stellar Recovery Collection Agency, Inc. in a Telephone Consumer Protection Act (TCPA) case involving an alleged Automatic Telephone Dialing System (ATDS). In the case, Pozo v. Stellar Recovery Collection Agency, Inc. (Case No. 8:15-cv-929, United States District Court, Middle district of Florida, September 2, 2016), the Plaintiff alleged that Stellar violated the TCPA when the agency used an Automatic Telephone Dialing System (ATDS) to communicate with him without his consent. The court did not agree. Issuing a ruling packed with citations, including the recent Strauss v. CBE case, United States Magistrate Judge Anthony E. Porcelli ruled that the system Stellar used to call Pozo, a manual clicker app from LiveVox, is not an ATDS under the TCPA.
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Webinar
October 19, 2017
2017 PACE Washington Summit Panel Presentation
LiveVox General Counsel, Mark Mallah, joined Joseph Bowser of Innovista Law, Eric McCaffery of Empereon Marketing, and John Stanovcak of Contact Center Compliance, to provide an update on recent court cases impacting the contact center industry and best practices for consumer contact strategies given the current regulatory environment at the 2017 PACE Washington Summit.