Katherine West

Burr & Forman

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Northern District of Ohio Follows Second Circuit's Reyes Decision

In Barton v. Credit One Financial d/b/a Credit One Bank, No. 16CV2652, 2018 WL 2012876, (N.D. Ohio April 30, 2018), the Northern District of Ohio followed the Second Circuit’s decision in Reyes v. Lincoln Automotive Financial...more

5/8/2018 / ATDS , Consumer Financial Products , Credit Card Agreements , Financial Services Industry , Prior Express Consent , Summary Judgment , TCPA

Southern District of Florida Finds Telephone Dialing System is Not an ATDS Under the TCPA

In Ferrer v. Bayview Loan Servicing, LLC, No. 15-20877-Civ-Scola, 2018 WL 582584 (S.D. Fla. Jan. 26, 2018), the Southern District of Florida determined that a telephone dialing system that was incapable of predictively...more

2/6/2018 / ATDS , Auto-Dialed Calls , Consumer Financial Products , Corporate Counsel , Regulatory Violations , Summary Judgment , TCPA

Ninth Circuit Finds No Vicarious Liability Under the TCPA for Marketing Text Message

In Kristensen v. Credit Payment Services, Inc., — F.3d —, 2018 WL 343758 (9th Cir. 2018), the Ninth Circuit recently held that three lenders and two marketing companies could not be vicariously liable under the TCPA for text...more

1/12/2018 / Consumer Financial Products , Consumer Lenders , Financial Services Industry , Marketing , Putative Class Actions , Summary Judgment , TCPA , Text Messages , Vicarious Liability

Second Circuit Denies Petition to Rehear Decision Holding that the TCPA Does Not Permit a Consumer to Unilaterally Revoke Consent...

On October 20, 2017, the Second Circuit Court of Appeals denied a petition for panel rehearing, or in the alternative, for rehearing en banc of its decision in Reyes v. Lincoln Automotive Financial Services, 861 F. 3d 51 (2d...more

10/31/2017 / Automotive Loans , Consumer Financial Products , Contract Terms , Financial Services Industry , Leases , Petition For Rehearing , Prior Express Consent , TCPA

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