News & Analysis as of

Telecommunications Contract Terms

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

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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

DLA Piper

German Higher Courts Clarify Strict Requirements for Online Contract Cancellations

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In two recent decisions, the German Higher Regional Courts (Oberlandesgerichte – OLG) of Cologne and Munich have clarified the – strict – German requirements for cancellation buttons on websites of tech companies providing...more

Latham & Watkins LLP

FCC Reviews Submarine Cable Rules to Address National Security and Law Enforcement Risks

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Potential rule changes could expand the scope of the disclosure and reporting obligations for applicants and licensees of submarine cables....more

Vondran Legal

Boxing Piracy and the "Internet defense" is it viable?

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When your restaurant, bar, nightclub, sports bar, barber shop, gym, country club, cigar bar other similar establishment decides to air the latest and great UFC fight or other sports match in your venue, you need to understand...more

BCLP

Briefcase - Quarterly Real Estate Update - September 2022

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In this September quarter edition, we cover: ..Oceanfill v Nuffield Health and Cannons Group - Restructuring lease liabilities; what’s the plan for guarantors? ..Dell and another v 89 Holland Park (Management) Ltd – ...more

Morgan Lewis - Tech & Sourcing

From Pandemic Challenges to a Potential Recession – Are Your Outsourcing Contracts Up to Date?

The COVID-19 pandemic introduced unprecedented challenges, requiring companies to adapt quickly to the way their personnel work, changes in their business offerings, and how they interact with their customers and suppliers....more

A&O Shearman

Incorporating by reference? Be caring and as clear as the sky is blu

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A cancellation clause in a signed mobile phone supply contract was considered unduly onerous and not fairly and reasonably drawn to the purchaser’s attention to be incorporated by reference. ...more

Burr & Forman

Eleventh Circuit Holds Consent in Bargained-For Contract Cannot Be Unilaterally Revoked

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Medley v. Dish Network, LLC, No. 8:16-cv-02534-CEH-CPT (11th Cir. May 1, 2020). Plaintiff entered into a contract, providing her cell phone number and expressly authorizing Defendant “to contact [her] regarding [her] DISH...more

Burr & Forman

Medley v. Dish Network, LLC: The Eleventh Circuit Joins the Second Circuit in Prohibiting Unilateral Revocation of Consent...

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While the Federal Communications Commission (“FCC”) has been clear that the Telephone Consumer Protection Act (“TCPA”) allows a consumer to revoke consent through “any reasonable means,” federal courts have been grappling...more

Ballard Spahr LLP

Eleventh Circuit holds TCPA does not permit unilateral revocation of contractual consent

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The U.S. Court of Appeals for the Eleventh Circuit held last week, in Medley v. DISH Network, LLC, that the Telephone Consumer Protection Act (TCPA) does not allow a consumer to unilaterally revoke consent to receive...more

Womble Bond Dickinson

Reversal of Fortune: Court Reconsiders and Reverses Earlier Ruling Finding That Contractual Consent Cannot Be Revoked

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As of yesterday, the “Good Reyes” contractual consent decision in Tina Few v. Receivables Performance Management out of the Northern District of Alabama has officially been reconsidered and reversed. Cue the sad trombone. As...more

Akin Gump Strauss Hauer & Feld LLP

Bargained-For Consent: An Increasingly Viable Defense to TCPA Claims

• In most TCPA cases, a threshold question is whether a called party has provided prior express consent to receive calls (or texts) using an automatic telephone dialing system. • While numerous courts have ruled that a party...more

Bradley Arant Boult Cummings LLP

Irrevocable Consent Comes to the Eleventh Circuit: Two District Courts Apply Reyes to Boot TCPA Cases

A critical question in Telephone Consumer Protection Act (TCPA) cases is whether the plaintiff gave consent to receive communications from the defendant, and whether that consent had been revoked by the time of the...more

Jones Day

Australia Adds Indemnities and Limitations of Liability

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Recent amendments to the Australian Securities and Investments Commission Act 2010 (Cth) ("ASIC Act") and the Competition and Consumer Law Act (Cth) ("CC Act") extended the unfair contract terms regime, which previously...more

Carlton Fields

Ninth Circuit Affirms Orders Denying Arbitration In Two Class Action Lawsuits Against Samsung

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The Ninth Circuit issued two similar opinions arising out of Samsung’s appeals of orders denying arbitration in two putative class actions filed against it. The claims against Samsung allege that the smartphone maker...more

Stinson LLP

FCC's Order on Broadband Privacy Will Be Felt by Energy Companies

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Modern energy companies should pay close attention to the Federal Communications Commission's recent order adopting rules protecting the privacy of customer proprietary information. Although not particularly focused on energy...more

Womble Bond Dickinson

FCC Issues Tariff Investigation Order and NPRM Which Proposes to Substantially Revise and Expand the Regulation of Business Data...

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In May 2016, the FCC moved forward with its decade-overdue reform of the $45 Billion per year dedicated business data services (“BDS”) market. BDS providers, including major incumbent telecommunications companies and now even...more

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