Antitrust Law Daily Wrap Up, PRIVACY—4th Cir.: Debt collection company violates plain language of the TCPA, (Oct 20, 2014)

By Greg Hammond, J.D.

Debt collection company Monarch Recovery Management, Inc. failed to overturn the federal district court in Baltimore’s order, finding that Monarch violated the Telephone Consumer Protection Act (TCPA). In affirming the lower court’s decision, the U.S. Court of Appeals in Richmond determined that Monarch’s liability was not limited by regulations published by the Federal Communications Commission (Lynn v. Monarch Recovery Management, Inc., October 17, 2014, Per Curiam).

Previously, the district court determined that Monarch violated the TCPA by calling Kevin Lynn’s home multiple times using an automatic telephone dialing system. Monarch argued that the district court erred in making its decision, specifically relying on the FCC’s regulation excepting debt collectors from the TCPA’s separate prohibition on “call[s] to any residential telephone line using an artificial or prerecorded voice to deliver a message.”

The appeals court rejected Monarch’s arguments, noting that Congress’ purpose when it enacted the TCPA advises against the debt collector’s effort to limit its liability. The court dispensed with oral argument, noting that the facts and legal conclusions were adequately presented in the materials before the court and that argument would not assist its decisional process. Consequently, the lower court’s award of summary judgment in favor of Lynn was affirmed.

The case number is 13-2358.

Attorneys: Michael David Alltmont and Bryan Christopher Shartle (Sessions Fishman Nathan & Israel, LLC) for Monarch Recovery Management, Inc. Michael C. Worsham for Kevin Lynn.

Companies: Monarch Recovery Management, Inc.

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