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Telephone Consumer Protection Act › Unenforceable Contract Terms

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Bradley Arant Boult Cummings LLP

Servicers Beware: Courts Rule Non-Parties Cannot Invoke Jury Trial Waiver

Bradley Arant Boult Cummings LLP on

In Florida, courts routinely enforce jury trial waiver provisions found in loan agreements, which are generally valid and enforceable. This is true even with respect to fair debt actions. However, because there is generally a...more

Proskauer - New Media & Technology

Browsewrap Agreement Held Unenforceable – Website Designers Take Note!

Proskauer - New Media & Technology on

In Nghiem v Dick’s Sporting Goods, Inc., No. 16-00097 (C.D. Cal. July 5, 2016), the Central District of California held browsewrap terms to be unenforceable because the hyperlink to the terms was “sandwiched” between two...more

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