News & Analysis as of

Telecommunications Contract Terms Telephone Consumer Protection Act

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

Burr & Forman

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

Burr & Forman on

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...

Burr & Forman on

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

Ballard Spahr LLP on

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

Womble Bond Dickinson on

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

7 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide