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Telephone Consumer Protection Act › Consent › Contract Terms

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Troutman Amin LLP

SIGNED BY SILENCE?: Court Finds Consumer Agreed to Arbitration By Failing To Respond to A Text Message– And Its A Little Odd

Troutman Amin LLP on

Hello from the road! So contract law generally requires a party to manifest their assent to the terms of any agreement. That means while you cannot get away with saying “I didnt read the contract I signed” you generally can...more

Benesch

Don’t Hide Your Hyperlinks: (Successfully) Using Arbitration Agreements to Avoid Class Litigation

Benesch on

In the ever-evolving landscape of TCPA litigation, the recent case of Hooper v. Jerry Insurance Agency, LLC, No. 22-cv-04232, 2023 U.S. Dist. LEXIS 105247 (N.D. Cal. June 1, 2023) provides a noteworthy exploration of contract...more

Holland & Knight LLP

A New Wave of Class Action Lawsuits is Targeting Online Customer Tracking

Holland & Knight LLP on

Plaintiffs' firms routinely attempt to assert old laws in new ways. One of the latest trends is the use of federal and state anti-wiretap laws as a vehicle to sue software developers and businesses for the use of ubiquitous...more

Hudson Cook, LLP

Courts Contemplate Companies' Ability to Restrict Means of Revoking TCPA Consent

Hudson Cook, LLP on

The Telephone Consumer Protection Act is notorious. It establishes rigorous consent standards to use an autodialer or a prerecorded message. It gives consumers a private right of action. It imposes ruinous statutory damages....more

Womble Bond Dickinson

Pride Goeth Before the Fall: DirecTV Effort to Leverage Wireless Market Leads Following AT&T Merger Leads to Unshakable TCPA Class...

Womble Bond Dickinson on

Business lines are always looking to expand their pool of leads through cross-marketing efforts, especially following a corporate merger. But as a new decision out of the Northern District of California proves, it is...more

Burr & Forman

Northern District of Alabama Holds Contractual Consent Cannot Be Revoked Under TCPA

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The Northern District of Alabama recently followed the Second Circuit’s holding in Reyes v. Lincoln Automotive Financial Services, 861 F.3d 51 (2d Cir. 2017), and held that consent provided in a contract as part of a...more

Burr & Forman

Another Court Holds That Bargained-For Consent To Be Called Cannot Be Unilaterally Revoked In TCPA Case

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Harris v. Navient Solutions, LLC, No. 3:15-cv-546, 2018 WL 3748155 (D. Conn. Aug. 7, 2018) - Plaintiff signed promissory notes to secure student loans in which she provided her telephone number, agreed to update Defendant...more

Faegre Drinker Biddle & Reath LLP

One Step Forward, One Step Back? Reyes's Impact on TCPA Claims

Faegre Drinker Biddle & Reath LLP on

Courts continue to chip away at the reach of the Telephone Consumer Protection Act (TCPA). In Reyes v. Lincoln Automotive Financial Services, the Second Circuit recently held that consumers cannot revoke consent to receive...more

Goodwin

Second Circuit Holds that Contractually-Given Consent Cannot be Revoked Under TCPA

Goodwin on

On June 22, 2017, the Second Circuit decided Reyes v. Lincoln Automotive Financial Services, No. 16-2104—a decision which is a win for the TCPA defense bar. In Reyes, the Second Circuit held that, once a consumer consents to...more

Eversheds Sutherland (US) LLP

Locked-In: TCPA Consent Not Revocable If a Term of Contract

Eversheds Sutherland (US) LLP on

Consent to be contacted under the Telephone Consumer Protection Act (TCPA) is not revocable if included as a term of a written contract, according to a decision by the US Court of Appeals for the Second Circuit in Reyes v....more

Dorsey & Whitney LLP

THIS CHANGES EVERYTHING—Second Circuit Holds that Contractual Consent Provisions Cannot be Revoked

Dorsey & Whitney LLP on

This is the biggest TCPA news since the Omnibus—a silver bullet to defeat most revocation cases was hiding in plain sight the entire time. It seems so obvious now. ...more

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