News & Analysis as of

Revocation

Federal Court Denies Class Certification in TCPA Suit Against Auto-Lender Exeter Finance

by Burr & Forman on

In Billy Ginwright v. Exeter Finance Corp., No. 8:16-cv-565-TDC, ECF No. 107, 2017 U.S. Dist. LEXIS 194739, 2017 WL 5716756 (D. Md. Nov. 28, 2017), a federal district court recently denied Plaintiff’s motion to certify a...more

Court Bends Every Procedural Rule to Grant Dismissal to Kohl’s in “Opt-Out Evader” TCPA Text Suit –Blesses Contractual Revocation...

by Dorsey & Whitney LLP on

One of the most annoying inhabitants of TCPA land is the Opt-Out Evader. This fellow or lady tries to set up TCPA lawsuits by texting phrases s/he knows will not be recognized by text service providers. Rather than simply...more

FCC Closes Loopholes and Expands Telephone Consumer Protection Act “TCPA” Consumer Protections in Declaratory Ruling and Order

by Womble Bond Dickinson on

On July 10, 2015, the Federal Communications Commission (“FCC” or “Commission”) released a Telephone Consumer Protection Act (“TCPA”) Declaratory Ruling and Order (“TCPA Declaratory Ruling and Order” or “Order”) offering...more

TCPA Update: Courts Deliver Mixed Bag on Customer Consent and Call Outsourcing

by Baker Donelson on

Having increased in number each of the past seven years, lawsuits alleging violations of the Telephone Consumer Protection Act of 1991 (TCPA) continue to plague the consumer finance industry. As should be expected with an...more

United States Eases Sudan Sanctions

by White & Case LLP on

After 20 years of comprehensive sanctions against Sudan, the US government has revoked most sanctions with respect to Sudan and the Government of Sudan effective October 12, 2017. As a result of this action, US persons1 are...more

United States Revokes Sanctions on Sudan; Some Restrictions Remain in Place

by Jones Day on

On October 6, 2017, the United States announced that, effective October 12, 2017, it will substantially revoke sanctions on Sudan and the Government of Sudan in recognition of the Government of Sudan's sustained positive...more

US Revokes Sudan Sanctions

On October 6, 2017, President Donald Trump and the U.S. Department of State announced the revocation of economic sanctions on Sudan, following the temporary lifting of sanctions on January 17, 2017. The announcement concluded...more

What Can’t be Cured, Must be Endured: Delaware Limits Defective Corporate Act Ratification

by Farrell Fritz, P.C. on

A recent Delaware Chancery Court decision provides important guidance on what types of defective corporate acts may be ratified under Section 204 of the Delaware General Corporation Law (the “DGCL”), and what types may not....more

Watch out if you are an Expatriate US Passport Holder with Tax Debt and receive Notice CP-508C!

by Foodman CPAs & Advisors on

According to the US Department of State, there are approximately nine (9) Million US passport holders living overseas. There continues to be a misimpression by certain US Taxpayers living overseas that they are not required...more

Revoked: CMS's New Take on Record Retention and Access

Recently, we have noticed an alarming increase within the Spilman footprint of revocations by the Centers for Medicare & Medicaid Services ("CMS") of physicians' Medicare billing privileges. In particular, CMS has been...more

TCPA Tracker - September 2017

by Kelley Drye & Warren LLP on

Recent News - FCC’s 2015 Omnibus TCPA Declaratory Ruling Still Under Review at the D.C. Circuit - Nearly eleven months have passed since the U.S. Court of Appeals for the D.C. Circuit heard oral argument in ACA...more

Second Circuit Holds Contractually Provided Consent Cannot Be Revoked

by Burr & Forman on

Reyes v. Lincoln Automotive Financial Services, No. 16-2104-cv (2nd Cir. August 21, 2017) - Plaintiff leased a car from Defendant. A term of the lease stated: You [Reyes] also expressly consent and agree that Lessor...more

Second Circuit Holds That the TCPA Does Not Allow a Consumer to Unilaterally Revoke Consent to Be Called That Is Part of an...

In Reyes v. Lincoln Automotive Financial Services, the Second Circuit was asked to address whether the Telephone Consumer Protection Act (“TCPA”) “permits a consumer to unilaterally revoke his or her consent to be contacted...more

IRS Revokes Tax Exempt Status of "Small, Rural" Hospital: Five Reminders to Help Your Hospital Avoid the Same Fate

by Womble Bond Dickinson on

The IRS has revoked the 501(c)(3) tax-exempt status of a non-profit hospital for failure to comply with the requirements of 501(r) imposed by the Affordable Care Act in 2010. Specifically, the IRS stated that the hospital...more

Delaware Court Holds that Trademark License Cannot be Assigned Without Consent

The Delaware bankruptcy court recently decided that a debtor could not assign a trademark license absent the consent of the licensor. The court concluded that federal trademark law and the terms of the license precluded...more

A Green Light for Screen Scraping? Proceed With Caution…

by Proskauer Rose LLP on

Court Issues Injunction Barring Blocking of Scraping and Holds CFAA Likely Doesn’t Apply - Websites make information available to clients, users, customers and subscribers. Data aggregators, investors, competitors and...more

Executive Order Aims to Speed Up Environmental Reviews of Infrastructure Projects

by Perkins Coie on

President Donald J. Trump issued Executive Order 13807, on August 15, 2017, which is intended to accelerate the environmental review and permitting for infrastructure projects that require an environmental impact statement...more

Court Finds that Revocation of TCPA Consent Is Debt Specific, Sanity Follows

by Dorsey & Whitney LLP on

It is a scenario that our clients commonly face: when calling a customer to discuss a specific delinquency on a specific account, the customer says “stop calling me.” But what if the customer has multiple accounts or even...more

Eleventh Circuit Recognizes Partial Consent Revocation under the TCPA

by Goodwin on

On August 10, in Schweitzer v. Comenity Bank, No. 16-10498 (Aug. 10, 2017), a panel of the Eleventh Circuit expanded liability for companies under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. (TCPA)....more

Call Me Maybe: Equivocal Statements May Partially Revoke Consent Under TCPA

by McGuireWoods LLP on

In a recent decision, the 11th U.S. Circuit Court of Appeals reversed a grant of summary judgment in favor of a bank on Telephone Consumer Protection Act (TCPA) claims, by holding that a consumer can partially revoke her...more

Call Me Maybe: 11th Circuit Broadly Interprets TCPA to Allow Partial Oral Revocation of Consent

by Holland & Knight LLP on

In light of the flux of recent litigation arising under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. §227 et seq., resulting in multimillion-dollar settlements and adverse judgments against companies across all...more

Eleventh Circuit Allows Partial Revocation of Consent under TCPA with Class and Contractual Consent Implications

by Balch & Bingham LLP on

Last week, in Schweitzer v. Comenity Bank, the Eleventh Circuit held that a consumer can partially revoke consent to be called under the Telephone Consumer Protection Act (TCPA). Schweitzer gave her cell phone number when...more

Developments in the U.S. Tax Treatment of UK Charities

by DLA Piper on

The Internal Revenue Service has revoked the U.S. tax exempt status of 195 prominent UK charities by posting their names on a website. These UK charities will find it harder to attract support from U.S. individuals and...more

Revocation of Consent Under TCPA: Not So Fast

In a recent case under the Telephone Consumer Protection Act (TCPA), the U.S. Court of Appeals for the Second Circuit held that the TCPA does not permit a consumer to revoke prior consent to be contacted by telephone when...more

French Court Rules on Patent Revocation Interest to Sue, Statutes of Limitation

by Jones Day on

On April 28, 2017, the French tribunal de grande instance de Paris issued an interesting decision regarding both standing to sue and statute of limitations applicable to patent revocation actions....more

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