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Reversal Prior Express Consent

Holland & Knight LLP

Financial Services Industry Braces for Impact of Eleventh Circuit's Hunstein Decision

Holland & Knight LLP on

In a first-of-its-kind ruling, the U.S. Court of Appeals for the Eleventh Circuit may have upended the long-standing and rather routine business practice of financial services companies using third-party vendors to manage,...more

Holland & Knight LLP

Call Me Maybe: 11th Circuit Broadly Interprets TCPA to Allow Partial Oral Revocation of Consent

Holland & Knight LLP on

In light of the flux of recent litigation arising under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. §227 et seq., resulting in multimillion-dollar settlements and adverse judgments against companies across all...more

Eversheds Sutherland (US) LLP

Just the Fax: DC Circuit Rejects FCC Requirement of Opt-Out Language on Solicited Faxes Under the TCPA

In a March 31, 2017 ruling, the US Court of Appeals for the DC Circuit invalidated a 2006 Federal Communications Commission (FCC) rule requiring businesses to include opt-out notices on solicited fax advertisements sent with...more

Pillsbury Winthrop Shaw Pittman LLP

In Reversal, California Supreme Court Allows Assignment of Coverage for Liability Claims

California’s Supreme Court has reversed its own heavily criticized decision from 2003 in Henkel Corp. v. Hartford Accident & Indem. Co. (2003) 29 Cal. 4th 934. In Fluor Corp. v. Superior Court, the Court announced that its...more

Goodwin

Third Circuit Holds TCPA Allows Revocation of “Prior Express Consent”

Goodwin on

The United States Court of Appeals for the Third Circuit reversed dismissal of an action under the Telephone Consumer Protection Act by plaintiff alleging that defendant, a lender, violated the TCPA by calling her cellular...more

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