Court of Appeals says lower court erred in granting a credit agency summary relief
The U.S. Court of Appeals for the 2nd Circuit, relying in part on an advisory opinion from the FCC, said Thursday a lower court erred in granting a credit agency summary relief in a case that looked at whether it…
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violated the Telephone Consumer Protection Act by repeatedly autodialing the mobile phone of the son-in-law of an electric utility's deceased customer after he failed to pay an electric bill. The court remanded the case, Albert A. Nigro v. Mercantile Adjustment Bureau, for further review (http://bit.ly/1qDKgxx). National Grid hired MAB to collect an outstanding balance of $67 allegedly owed by Nigro's deceased mother-in-law, the court said. MAB transmitted an autodialed message to Nigro 72 times over nine months. “Since Nigro did not consent to the calls, they were prohibited by the TCPA, and the district court erred in granting summary judgment to MAB,” the court said. The court said it specifically was not ruling on what the outcome would be “if a consumer were to open an account with a creditor and initially provide only his home phone number, but later in the course of the relationship provide a wireless number.” In a July advisory opinion, the FCC Office of General Counsel said MAB’s actions violated the TCPA (http://bit.ly/1vsEoZT).