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Debt Collection › Summary Judgment › Prior Express Consent

Holland & Knight LLP

Florida District Court Clarifies "Communicating With" Consumers via Email Under FDCPA and FCCPA

Holland & Knight LLP on

A recent summary judgment decision in Nina Quinn-Davis vs. TrueAccord Corp., Case No. 1:23-cv-23590-LEIBOWITZ/REID (S.D. Fla. Nov. 20, 2024), addresses core merits issues in Florida Consumer Collection Practices Act (FCCPA)...more

McGlinchey Stafford

Lack of Actual Knowledge and Prior Express Consent Defeats FDCPA and TCPA Claims

McGlinchey Stafford on

The U.S. District Court for the District of Nevada granted a defendant’s motion for summary judgment in a case arising under the Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA). It...more

Troutman Pepper Locke

Nevada Federal Court Grants Summary Judgment in Debt Collector’s Favor in FDCPA and TCPA Case Alleging Attorney Representation and...

Troutman Pepper Locke on

On September 9, the U.S. District Court for the District of Nevada granted summary judgment in favor of a debt collector in a case involving alleged violations of the Fair Debt Collection Practices Act (FDCPA) and the...more

Womble Bond Dickinson

TCPA 101: Court Ruling Reminds Us of the Fundamentals for Debt Collection Calls

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In the realm of TCPA litigation, consent and revocation are bedrock issues that TCPA practitioners encounter on a daily basis. Amidst the often times complicated and nuanced legal issues surrounding the TCPA, a court in the...more

Faegre Drinker Biddle & Reath LLP

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

Faegre Drinker Biddle & Reath LLP on

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

First Court Within Ninth Circuit Declines to Follow Reyes and Finds that Consent Can Be Revoked Under the TCPA

Womble Bond Dickinson on

As all of us TCPA enthusiasts know, a cornerstone issue in many TCPA cases is whether plaintiff has provided consent to be contacted and whether that consent can be revoked. According to the Second Circuit’s decision in Reyes...more

Akin Gump Strauss Hauer & Feld LLP

Bargained-For Consent: An Increasingly Viable Defense to TCPA Claims

Akin Gump Strauss Hauer & Feld LLP on

• In most TCPA cases, a threshold question is whether a called party has provided prior express consent to receive calls (or texts) using an automatic telephone dialing system. • While numerous courts have ruled that a party...more

Smith Debnam Narron Drake Saintsing & Myers,...

District Court Holds Revocation of Consent Ineffective in the Face of Contractual Consent

Smith Debnam Narron Drake Saintsing & Myers,... on

Relying upon basic principles of contract law, an Alabama district court has held that there are limitations to revocation of prior express consent. In Few v. Receivables Performance Management, 2018 U.S. Dist. LEXIS 134324...more

Burr & Forman

District Court of Connecticut Follows Reyes Decision

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In Harris v. Navient Solutions, LLC, No. 3:15-cv-564 (RNC), 2018 WL 3748155 (D. Conn. Aug. 7, 2018), the United States District Court for the District of Connecticut followed the Second Circuit’s decision in Reyes v. Lincoln...more

Burr & Forman

Alabama District Court Holds Bargained For Consent To Be Called Cannot Be Unilaterally Revoked In TCPA Case

Burr & Forman on

Few v. Receivables Performances Management, No. 1:17-cv-2038-KOB, 2018 WL 3772863 (N.D. Ala. Aug. 9, 2018) - The Telephone Consumer Protection Act, 47 U.S.C. §227 (TCPA), prohibits calls to cellular telephones using an...more

Womble Bond Dickinson

Breakthrough: First District Court in Eleventh Circuit Follows Reyes and Holds Contractual TCPA Consent Cannot Be Revoked

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What a day for contractual consent provisions! Just hours after the Czar wrote about a positive development around “Good Reyes” (Reyes v. Lincoln Auto. Fin. Servs., 861 F.3d 51 (2d Cir. 2017), as amended (Aug. 21, 2017)) came...more

Benesch

Credit Adjustments, Inc. Defeats Putative TCPA Class Action

Benesch on

In Baisden v. Credit Adjustments, Inc., No. 15-3411 (6th Cir. Feb. 12, 2016), the Sixth Circuit affirmed summary judgment in favor of Credit Adjustments, Inc. in a putative class action alleging violations of the Telephone...more

Ballard Spahr LLP

Creditor Can Obtain TCPA "Prior Express Consent" Through Intermediary, Sixth Circuit Rules

Ballard Spahr LLP on

A creditor that received a consumer's cell phone number through an intermediary had the consumer's ''prior express consent'' under the Telephone Consumer Protection Act (TCPA) to receive calls from a debt collector, the U.S....more

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