Contract Terms, Consumer Contracts, Summary Judgment

The Million-Pound Question (Revisited): Is My Contract Unfair?

Cooley LLP on 4/10/2025

The decision of the High Court of England and Wales in Durber v. PPB Entertainment Ltd is another helpful case study in how to host a consumer-facing website. It is interesting, given how much time is spent carefully drafting...more

Federal Court Applies Nevada’s Interest Statute in FDCPA Case

Brownstein Hyatt Farber Schreck on 4/29/2019

Debt collectors are often at the mercy of their client’s customer contracts when collecting a debt. We often encourage debt collectors to work with their clients to fashion consumer contracts that avoid or minimize FDCPA risk...more

TCPA Class Action Update – Trending: Courts Holding Plaintiffs to Their Word

Mintz on 10/25/2018

In mid-2017, the Second Circuit concluded consent to receive calls is unilaterally irrevocable so long as it is a contract term. Whereas prior decisions considered “a narrow question: whether the [Telephone Consumer...more

TCPA Consent Medley: Third New Decision Enforcing TCPA Consent Provision in Consumer Agreement Has “Robocallers” Humming

Womble Bond Dickinson on 8/28/2018

After a long period of quiet on the issue, TCPAland has seen three swift decisions on good-Reyes (Reyes v. Lincoln Auto. Fin. Servs., 861 F.3d 51 (2d Cir. 2017), as amended (Aug. 21, 2017)) all aligning to enforce contractual...more

District Court of Connecticut Follows Reyes Decision

Burr & Forman on 8/16/2018

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

Breakthrough: First District Court in Eleventh Circuit Follows Reyes and Holds Contractual TCPA Consent Cannot Be Revoked

Womble Bond Dickinson on 8/10/2018

What a day for contractual consent provisions! Just hours after the Czar wrote about a positive development around “Good Reyes” (Reyes v. Lincoln Auto. Fin. Servs., 861 F.3d 51 (2d Cir. 2017), as amended (Aug. 21, 2017)) came...more

Arizona Supreme Court Addresses Statute of Limitations for Debt Buyers

Ballard Spahr LLP on 8/8/2018

Addressing an issue of first impression in Arizona, the Arizona Supreme Court recently held that the statute of limitations on a credit card debt subject to an optional acceleration clause commences "when the debtor first...more

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