Katherine West on Prior Express Consent

District Court of Minnesota Finds Calls to a Reassigned Number Did Not Violate the TCPA

In Roark v. Credit One Bank, N.A., No. 16-173 (PAM/ECW), 2018 WL 5921652 (D. Minn. Nov. 13, 2018), the District Court of Minnesota found that calls to a reassigned phone number did not violate the TCPA because the caller’s...more

11/19/2018 / ATDS , Auto-Dialed Calls , FCC , Financial Services Industry , Prior Express Consent , Reassigned Phone Numbers , Robocalling , TCPA , Telecommunications , Wireless Devices

Central District of California Finds ACA Set Aside All FCC Autodialer Guidance

In Washington v. Six Continents Hotels, Inc., No. 2:16-CV-03719-ODW-JEM, 2018 WL 4092024 (C.D. Cal. Aug. 24, 2018), the Central District of California found that ACA International v. FCC, 885 F.3d 687 (D.C. Cir. 2018)...more

9/5/2018 / ATDS , Auto-Dialed Calls , FCC , Prior Express Consent , Robocalling , TCPA , Telecommunications , Text Messages , Vacated

District Court of Connecticut Follows Reyes Decision

In Harris v. Navient Solutions, LLC, No. 3:15-cv-564 (RNC), 2018 WL 3748155 (D. Conn. Aug. 7, 2018), the United States District Court for the District of Connecticut followed the Second Circuit’s decision in Reyes v. Lincoln...more

8/16/2018 / Auto-Dialed Calls , Consumer Contracts , Contract Terms , Debt Collection , Financial Services Industry , Navient , Prior Express Consent , Revocation , Summary Judgment , TCPA

Northern District of Ohio Follows Second Circuit's Reyes Decision

In Barton v. Credit One Financial d/b/a Credit One Bank, No. 16CV2652, 2018 WL 2012876, (N.D. Ohio April 30, 2018), the Northern District of Ohio followed the Second Circuit’s decision in Reyes v. Lincoln Automotive Financial...more

5/8/2018 / ATDS , Consumer Financial Products , Credit Card Agreements , Financial Services Industry , Prior Express Consent , Summary Judgment , TCPA

Southern District of Florida Finds Text Message Response to an Advertisement is Not a Violation of the TCPA

In Edelsberg v. Vroom, Inc., No. 16-cv-62734-GAYLES, 2018 WL 1509135 (S.D. Fla. Mar. 27, 2018), the Southern District of Florida held that an advertisement directing interested persons to contact a number provided in the...more

4/6/2018 / Advertising , FCC , Prior Express Consent , TCPA , Text Messages

Second Circuit Finds that Flu Shot Reminder Text Does Not Violate TCPA

In Latner v. Mt. Sinai Health System, Inc., ___ F.3d ___, 2018 WL 265085 (2d Cir. 2018), the Second Circuit recently held that a single flu shot reminder text does not violate the TCPA when a patient gives prior express...more

1/8/2018 / Class Action , Health Care Providers , Health Insurance Portability and Accountability Act (HIPAA) , Prior Express Consent , Privacy Rule , TCPA , Telecommunications , Telemarketing , Telemarketing Sales Rule , Text Messages

Second Circuit Denies Petition to Rehear Decision Holding that the TCPA Does Not Permit a Consumer to Unilaterally Revoke Consent...

On October 20, 2017, the Second Circuit Court of Appeals denied a petition for panel rehearing, or in the alternative, for rehearing en banc of its decision in Reyes v. Lincoln Automotive Financial Services, 861 F. 3d 51 (2d...more

10/31/2017 / Automotive Loans , Consumer Financial Products , Contract Terms , Financial Services Industry , Leases , Petition For Rehearing , Prior Express Consent , TCPA

Katherine West

Burr & Forman

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