Revocation

News & Analysis as of

SPECIAL ALERT: FCC Chairman Issues Proposal to Address Open TCPA Petitions

On May 27, 2015, FCC Chairman Tom Wheeler circulated a proposal to his fellow commissioners seeking to address the backlog of petitions concerning the TCPA currently awaiting disposition. A Fact Sheet issued by the FCC...more

FCC Chairman Proposes New TCPA Rules

The FCC is ready to rule on long-standing petitions seeking clarifications of the Telephone Consumer Protection Act and related FCC regulations. On May 27, 2015, FCC Chairman Tom Wheeler circulated a proposed regulatory...more

Georgia Banking Regulator Revokes License of Pennsylvania Mortgage Lender

On April 13, the Georgia Department of Banking and Finance (Department) entered into a Consent Order (Order) with a Pennsylvania-based mortgage lender and its owners for failing to file a timely application with the state...more

New Precedent Decision Revoking an Approved H-1B Work Visa Petition Poses Dire Consequences for the Consulting Industry

On April 9, 2015, the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Service (CIS) issued a precedent decision affirming the California Service Center (CSC) Director's revocation of an H-1B...more

Stop Calling Me: Can Consumers Waive The Right to Revoke Consent under the TCPA

The Telephone Consumer Protection Act permits companies to make telephone solicitations using autodialers and pre-recorded messages once they have a consumer’s consent to do so. Many authorities have suggested that such...more

Stop Calling Me: Can Consumers Waive The Right to Revoke Consent under the TCPA?

The Telephone Consumer Protection Act permits companies to make telephone solicitations using autodialers and pre-recorded messages once they have a consumer’s consent to do so. Many authorities have suggested that such...more

Eighth Circuit Reverses Summary Judgment, Directs Trial Court to Determine Whether Consent Was Revoked

In an unpublished, per curiam decision, the Eighth Circuit recently reversed the entry of summary judgment in favor of a defendant and directed the district court to address whether the plaintiff had revoked his consent to...more

Imposing The Corporate Death Penalty

In this post published yesterday, UCLA Law Professor Stephen Bainbridge challenges the following statements attributed to Robert F. Kennedy Jr.: I do, however, believe that corporations which deliberately,...more

Court Finds FDA Explanation of Knee Implant Reversal Lame

The FDA had approved the mesh—called the Collagen Scaffold—in December 2008. But after the change in administrations the following month, the agency decided that the approval process had been flawed and had been the focus of...more

Escaping Taxes in Bankruptcy Through S Corporations

Shareholders of financially troubled S corporations may now be able to avoid the flow-through of taxes when the S corporation or its subsidiary files bankruptcy. ...more

Illinois Supreme Court Debates Automatic Revocation of Certain Health Professionals' Licenses

Our reports on the oral arguments of the May term of the Illinois Supreme Court conclude this morning with Consiglio v. Department of Financial and Professional Regulation. Consiglio involves a constitutional challenge to...more

Illinois Supreme Court Rejects Due Process Challenge to Liquor License Revocation

When a liquor licensee’s former manager is convicted of conspiring to violate the federal Money Laundering Act, can the licensee be summarily stripped of its liquor license, based upon the criminal trial transcript, a...more

IRS clarifies procedures for organizations with pending exemption applications that fail to file Form 990

The Internal Revenue Service last month published a memorandum for its exempt organizations specialists regarding the treatment of exempt organizations still awaiting their determination letters that have failed to file an...more

TCPA Hot Issues: If Consent is Not Forever, What Constitutes Revocation?

One of the hot issues in pending litigation under the Telephone Consumer Protection Act (TCPA) is whether a consumer can revoke consent to receive calls on a cell phone. A number of courts have recently held that a consumer...more

Perspectives - January 2014

In This Issue: - Considerations in the Cloud: Managing the Risks - United States V. Sperry: A Revived Threat to Owners, Directors, Managers and Directors of Distressed Organizations - Board Membership &...more

Creditors’ Rights Clarified By Interpretation II of the Supreme People’s Court on Several Issues Concerning the Application of the...

Understanding your rights as a creditor while navigating under China’s bankruptcy laws is becoming a must these days, especially for foreign creditors. As many foreign companies engage in business with Chinese companies,...more

French Ruling reinforces board members’ right to information prior to their revocation

Summary - The French Court of cassation recently decided that it is a prerequisite that board members of public companies (“sociétés anonymes”) be informed of the reasons for their revocation, prior to this issue being...more

Third Circuit Holds Prior Express Consent Can Be Revoked

Plaintiff completed a credit application to purchase computers, which required her to provide a home phone number. Plaintiff listed her cell phone number but did not identify it as her cell phone number or indicate Defendant...more

Third Circuit Holds TCPA Allows Consumers To Revoke Prior Consent

On August 22, the U.S. Court of Appeals for the Third Circuit held that the TCPA provides consumers the right to revoke their “prior express consent” to be contacted on their cellular phones by an automated telephone dialing...more

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

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

Appeals Court Rules Consumers Can Revoke Consent Under TCPA

On August 22, 2013, the U.S. Court of Appeals for the Third Circuit ruled unanimously that under the Telephone Consumer Protection Act (TCPA), consumers may withdraw their consent to have robo-callers call them....more

More TCPA Lawsuits Coming: Express Consent Can Be Revoked at Any Time

Express consent to be called using an autodialer can be revoked at any time, says the U.S. Court of Appeals for the Third Circuit. On August 22, 2013, in Gager v. Dell Financial Services, LLC, the Court attacked a common...more

DOE Issues Second LNG Export License for Non-FTA Countries

On May 17, 2013, the U.S. Department of Energy (“DOE”) issued an order authorizing the Freeport LNG Terminal (“Freeport”) in Quintana Island, Texas to export liquefied natural gas (“LNG”) to nations with which the United...more

Revocation of Non-Immigrant U.S. Visa

Imagine you are the holder of a non-immigrant US visa. Then, you receive a notice from the US Consulate that your visa has been revoked and that you must visit the US Consulate so that your visa can be physically cancelled....more

Administrative Bank Attachment

The 2012-2013 Pennsylvania state budget adopted last July authorized the use of administrative bank attachment by the Department of Revenue. Prior to utilizing this collection technique, the Department was required to develop...more

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