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General Business Communications & Media Consumer Protection

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

Eleventh Circuit Allows Partial Revocation of Consent under TCPA with Class and Contractual Consent Implications

by Balch & Bingham LLP on

Last week, in Schweitzer v. Comenity Bank, the Eleventh Circuit held that a consumer can partially revoke consent to be called under the Telephone Consumer Protection Act (TCPA). Schweitzer gave her cell phone number when...more

Like It or Love It: How Not to Get Pinned (Legally) When Using Social Media to Promote Your Brand

by Buchalter on

Twitter®, Instagram®, Facebook®, Pinterest® and other social media websites and apps are great ways to interact with friends, family and potential customers. They are great avenues for advertising and promotion of one’s...more

TCPA Tracker - August 2017

by Kelley Drye & Warren LLP on

Recent News - FCC Imposes Potential Liability on Technology Platforms for Involvement in Unlawful Robocalls - On July 26, 2017, the FCC released the text of the Forfeiture Order adopted at the Commission’s July 2017...more

AD-ttorneys@law

by BakerHostetler on

Kirsten Kjaer Weis, a respected Danish makeup artist who is well known by her initials “KKW” and for her KW-branded “natural, organic, luxury” cosmetics and skin care line, filed a complaint in late July against the queen of...more

TCPA FCC Petitions Tracker

by Kelley Drye & Warren LLP on

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more

AD-ttorneys@law

by BakerHostetler on

Sonny and Bobby Le, brothers from Anaheim California, caught the Federal Trade Commission’s attention with a series of websites (titled Infinity Trampolines, Happy Trampoline, and Trampoline Jumpers) through which they sold...more

OTA & Travel Distribution Update - July 14th, 2017

by Garvey Schubert Barer on

A number of updated and new stories in this week’s OTA & Travel Distribution Update for the week ending July 14, 2017. We hope you enjoy. Expedia’s MeetingMarket Now Speaks English [OTA/GROUP] ("Expedia extends...more

Revocation of Consent Under the TCPA

by BakerHostetler on

The Telephone Consumer Protection Act (TCPA) was enacted as a consumer protection measure against companies that engage in telemarketing practices. The basic principle of the TCPA is that it seeks to prohibit a company from...more

No Certification Where Loss of Data Prevents Class Identification

by BakerHostetler on

Identifying potential class members is not an issue in most employment cases, as the employer likely has any number of employment records for each of the claimants, including personnel files, electronic data, tax forms, time...more

Restaurants, Grocery Stores, and Convenience Stores Sue to Block New York City's Menu Labeling Rule

by Saul Ewing LLP on

The U.S. Food and Drug Administration’s (FDA or the Agency) decision a couple of months ago to delay its Menu Labeling Rule until May 7, 2018 was met with mixed reactions from industry. While the National Association of...more

Third Circuit Confirms That One Call Is All for TCPA Violation

One errant solicitation call to the wrong person’s cellphone is all it takes to trigger liability under the TCPA. That was the essence of last week’s decision by the Third Circuit Court of Appeals in the putative class action...more

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

by 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

Minnesota Federal Judge Says Glyphosate Claims are “Unreasonable”

by Kelley Drye & Warren LLP on

A mini-trend in food litigation last year was the spate of class action cases alleging that foods advertised as “natural” contained trace amounts of the herbicide glyphosate. “Trace” is the operative word; to the extent...more

You Can’t Always Get What You Want—Second Circuit Affirms Parties Can Bargain Away TCPA Right To Revoke Consent To Automated Calls

As the Rolling Stones famously sing, “You can’t always get what you want.” And in the ever treacherous world of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, et seq., the Second Circuit has ruled that means...more

TCPA FCC Petitions Tracker

by Kelley Drye & Warren LLP on

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more

Federal Appeals Court Affirms TCPA Consent Cannot Be Revoked if Granted By Contract

Last week the U.S. Court of Appeals for the Second Circuit ruled in Reyes v. Lincoln Automotive Financial Services that a consumer does not have the right to revoke consent to autodialed and/or prerecorded calls to his a...more

Second Circuit: You Agreed to be Called When They Loaned You the Money, So Now Live With It

In a case of first impression, the Second Circuit recently ruled that the TCPA does not permit a consumer to unilaterally revoke bargained-for consent to be contacted by autodialer and pre-recorded voice calls on a mobile...more

When CASL Consents Expire

I’ve been getting a lot of emails from law firms and other professional services firms warning me that if I do not confirm my subscription to their newsletters, they will stop sending them to me. These firms have...more

Second Circuit Holds Consumers Cannot Revoke Consent Given as Consideration in Bilateral Contract in TCPA Case

by Fenwick & West LLP on

The U.S. Court of Appeals for the Second Circuit held that a consumer who agrees to be contacted via telephone call or text messages as bargained-for consideration in a bilateral contract cannot subsequently revoke his or her...more

Second Circuit Holds That TCPA Does Not Permit Consumer to Unilaterally Revoke Consent for Telephone Contact Provided in Binding...

by Blank Rome LLP on

In Reyes v. Lincoln Automotive Financial Services, the United States Court of Appeals for the Second Circuit recently held that the Telephone Consumer Protection Act (“TCPA”) does not permit a consumer to unilaterally revoke...more

Second Circuit Holds That TCPA Does Not Permit Unilateral Revocation of Consent Obtained Contractually

by Ballard Spahr LLP on

The U.S. Court of Appeals for the Second Circuit recently held, in Reyes v. Lincoln Automotive Financial Services, that the Telephone Consumer Protection Act (TCPA) "does not permit a consumer to revoke its consent to be...more

Second Circuit Says No to Unilateral Revocation of TCPA Consent to Contact, Citing Contract Principles

by Hinshaw & Culbertson LLP on

The Second Circuit Court of Appeals has split with the Third Circuit, the Eleventh Circuit, and the Federal Communications Commission (FCC), and utilized contract principles to hold that a consumer may not necessarily have...more

Reyes v. Lincoln Automotive Financial Services: Second Circuit Rules that TCPA Does Not Permit Revocation When Consent is Provided...

by Locke Lord LLP on

In Reyes v. Lincoln Automotive Financial Services, No. 16-2104-cv, 2017 WL 2675363 (2d Cir. June 22, 2017), the Second Circuit Court of Appeals held that the TCPA does not permit a consumer to revoke his or her consent to be...more

Hogan Lovells Obtains Major TCPA Consent Revocation Victory

by Hogan Lovells on

On June 22, 2017, in Reyes v. Lincoln Automotive Financial Services, the U.S. Court of Appeals for the Second Circuit agreed with Hogan Lovells attorneys representing the defendant and held that the Telephone Consumer...more

Second Circuit Says Contractual TCPA Consent Not Revocable

by Balch & Bingham LLP on

Last week, the Second Circuit Court of Appeals, in Reyes v. Lincoln Automotive Financial Services, held that contractual consent—once given—cannot be unilaterally revoked. The landmark Telephone Consumer Protection Act (TCPA)...more

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