News & Analysis as of

Consent Debt Collection

Cozen O'Connor

Talk to the Machine! AKA Revoking TCPA Consent by “Talking” to a Pre-Recorded Message

Cozen O'Connor on

Can a TCPA plaintiff revoke consent to be contacted by “talking” to a pre-recorded message? Probably not. But this is the theory advanced by serial pro se litigant Na’eem Betz in Betz v. Synchrony Bank, currently pending in...more

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights – August 2020

Consumer Law Hinsights is a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies, brought to you by Hinshaw & Culbertson LLP....more

Faegre Drinker Biddle & Reath LLP

Court Enters Summary Judgment Against Plaintiff, Finds No Triable Issues Regarding Revocation of Consent

The Eastern District of California recently entered summary judgment against a plaintiff because it found that the plaintiff failed to revoke his consent to receive auto-dialed calls on his cell phone. Wright v. USAA Savings...more

Faegre Drinker Biddle & Reath LLP

Central District of California Grants Motion for Summary Judgment After Finding That Plaintiff Failed to Revoke Prior Express...

The Central District of California recently granted summary judgment to the defendant on a TCPA claim in Mendoza v. Allied Interstate LLC, SACV 17-885 JVS (KESx), 2019 WL 5616961 (C.D. Cal. Oct. 22, 2019), finding that the...more

Womble Bond Dickinson

Government Benefit: Navient Wins Summary Judgment Based on Finding That Calls to Collect Government-Backed Debt are Exempted Under...

Womble Bond Dickinson on

A great decision for Navient Solutions came down yesterday out of the Northern District of Alabama in Green v. Solutions, No. 1:17-CV-1453-VEH, 2018 U.S. Dist. LEXIS 201906 (N.D. Ala. Nov. 29, 2018). Navient Solutions had its...more

Burr & Forman

Northern District of Alabama Holds Contractual Consent Cannot Be Revoked Under TCPA

Burr & Forman on

The Northern District of Alabama recently followed the Second Circuit’s holding in Reyes v. Lincoln Automotive Financial Services, 861 F.3d 51 (2d Cir. 2017), and held that consent provided in a contract as part of a...more

Dorsey & Whitney LLP

89 Call Recordings Not Enough to Convince Court that Plaintiff Did Not Revoke Consent

Dorsey & Whitney LLP on

When a Defendant submits 89 call recordings demonstrating that the customer never once asked for calls to stop or suggested that the calls were unwanted, you’d think that would be enough to earn a summary judgment. Not so,...more

Bennett Jones LLP

Implied Consent under Privacy Law Reconsidered

Bennett Jones LLP on

The federal private sector privacy regime operates on a consent basis. Unless an exception is applicable consent is needed to collect, use or disclose personal information of another. That consent can be express or implied....more

Dorsey & Whitney LLP

The FCC’s 2016 BBA Implementing Ruling Digested (Volume I): The 10 Things You NEED to Know Before Making Calls to Collect on...

Dorsey & Whitney LLP on

On August 11, 2016 the FCC issued its long-awaited ruling implementing the 2016 Bi-Partison Balanced Budget Act (“BBA”) Amendment that carved out collection calls on government-backed debt from TCPA coverage. In re Rules &...more

Manatt, Phelps & Phillips, LLP

TCPA Connect - July 2016

FCC: U.S. Government Is Not a Person Under TCPA - In response to petitions filed by three government contractors seeking clarification that the federal government and its agents were exempt from liability under the...more

Goodwin

Eleventh Circuit Rules on Alleged Violations of the Telephone Consumer Protection Act

Goodwin on

Joining the Seventh Circuit, the United States Court of Appeals for the Eleventh Circuit ruled that the term “called party” in the Telephone Consumer Protection Act means the party who actually received the call, not the...more

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