"Big TCPA Victory For The Collection Industry in 11th. Circ.," Law360
On October 1, 2014, Law360 published Matthew Rosenkoff’s article, “Big TCPA Victory For The Collection Industry in 11th Circ.” The article discusses the Eleventh Circuit Court of Appeals’ September 29 decision in Gulf Coast Collection Bureau Inc. v. Mais, No. 13-14008. In the article, Mr. Rosenkoff notes that the decision was a clear and decisive victory for the collection industry under the Telephone Consumer Protection Act (TCPA). The case involved an outstanding account for medical services that was placed with a debt collector for collection. The central question in this case was whether a patient’s consent under the Health Insurance Portability and Accountability Act (HIPAA) for the patient’s medical provider to use and disclose patient information, including telephone numbers, constitutes prior express consent under the TCPA. The Eleventh Circuit overturned a lower-court ruling and agreed with the Federal Communications Commission who had found “prior express consent” in this situation. Mr. Rosenkoff suggests that the ruling means the collection industry can breathe a sigh of relief as the Eleventh Circuit’s ruling extends beyond just medical debts. Law360 subscribers can access the full article here.