News & Analysis as of

Revocation

Womble Bond Dickinson

Reversal of Fortune: Court Reconsiders and Reverses Earlier Ruling Finding That Contractual Consent Cannot Be Revoked

by Womble Bond Dickinson on

As of yesterday, the “Good Reyes” contractual consent decision in Tina Few v. Receivables Performance Management out of the Northern District of Alabama has officially been reconsidered and reversed. Cue the sad trombone. As...more

MERITAS - Law Firms Worldwide

A Global Roadmap To Personal Data Protection: Asia Pacific, Europe & USA - Singapore

In Singapore, the mandatory protection of “personal data” (as is the term used, rather than “personal information”) under specific legislation only came into force in 2014, with the promulgation of the Personal Data...more

White & Case LLP

United States Fully Re-imposes Iran Sanctions and Expands Designations

by White & Case LLP on

On November 5, 2018, the United States re-imposed all remaining secondary sanctions on Iran that were previously lifted under the Joint Comprehensive Plan of Action (JCPOA). This is the final action required to re-impose Iran...more

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker - November 2018

by Kelley Drye & Warren LLP on

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more

Womble Bond Dickinson

Big TCPA Day Continues: Ninth Circuit Reverses Summary Judgment in Favor of Defendant Where Plaintiff’s Revocation Testimony...

by Womble Bond Dickinson on

Probably the single most common factual scenario we see in TCPA cases is the he-says/records-say revocation suit. The Plaintiff swears that he or she revoked consent. The business–which keeps great records and has bulletproof...more

MERITAS - Law Firms Worldwide

A Global Roadmap To Personal Data Protection: Asia Pacific, Europe & USA - New Zealand

The protection of personal information is seen as important in New Zealand with robust privacy laws which are generally observed and enforced. New Zealand privacy laws were traditionally seen as “adequate” under the European...more

Womble Bond Dickinson

Ninth Circuit Drops the Hammer on Opt Out Evader in TCPA Case

by Womble Bond Dickinson on

Today the Ninth Circuit made it clear that it will not tolerate Opt-Out Evaders in its Circuit. Opt-out evaders are unpleasant residents of TCPAland that set up “test” cases by, inter alia, sending everything but “stop” to...more

Bradley Arant Boult Cummings LLP

Ex-Spouse May Not Be Removed as Beneficiary of Life Insurance Policy under New York’s Revocation on Divorce Statute

A recent Second Circuit opinion highlights an important nuance in New York’s revocation on divorce statute, N.Y. Est. Powers & Trusts Law § 5-1.4. In New York Life Insurance Company v. Sahani, the Second Circuit affirmed the...more

Mintz

TCPA Class Action Update – Trending: Courts Holding Plaintiffs to Their Word

by Mintz on

In mid-2017, the Second Circuit concluded consent to receive calls is unilaterally irrevocable so long as it is a contract term. Whereas prior decisions considered “a narrow question: whether the [Telephone Consumer...more

Dorsey & Whitney LLP

Fall is for Falling Leaves, Thanksgiving, and TCPA Omnibus II?

by Dorsey & Whitney LLP on

As this year speeds to a close, we are on pins and needles to see if the FCC will issue a ruling this Fall in the great ACA Int’l TCPA remand. After all, the FCC provided only two weeks for comment in its latest Public Notice...more

Mintz - Arbitration, Mediation, ADR...

Vacatur of an Arbitration Award in an FAA Case on Non-FAA Grounds

In an unusual decision in an unusual case—a dispute between sovereigns—a U.S. appellate court recently vacated a domestic arbitration award on grounds other than those provided in Section 10 of the Federal Arbitration Act...more

Manatt, Phelps & Phillips, LLP

Contractual Consent Cannot Be Unilaterally Revoked, Connecticut Federal Court Holds

According to a federal judge in the District of Connecticut, contractual consent cannot be unilaterally revoked in a putative Telephone Consumer Protection Act (TCPA) class action....more

Womble Bond Dickinson

Breaking TCPA News: FCC Seeks Further Comment on Interpretation of the Telephone Consumer Protection Act in Light of the Ninth...

by Womble Bond Dickinson on

Supplemental Public Notice on TCPA Scope Post Marks - Well the Marks case just got even bigger somehow. After the extreme position taken by the Ninth Circuit Court of Appeal two weeks ago the Federal Communications...more

Womble Bond Dickinson

Putting on a Clinic: A Breakdown of Citi’s Recent Major Success Defeating Certification in a Revocation and Wrong Number TCPA...

by Womble Bond Dickinson on

CitiGroup, Inc. (“Citi”) just defeated certification in a massive class action in the consumer-friendly Northern District of Illinois in the case of Tomeo v. CitiGroup, Inc., No. 13-C-4046, 2018 U.S. Dist. LEXIS 166117 (N.D....more

Womble Bond Dickinson

Indiana Court Grants Summary Judgment in Favor of Defendant, Holding that Simply Terminating Health Insurance Is Not Revocation of...

by Womble Bond Dickinson on

An Indiana couple recently discovered that cancelling your healthcare insurance plan means only that: the plan is terminated. In Wilkes v. Caresource Mgmt. Group Co. Case No. 4:16-CV-38 JVB, 2018 U.S. Dist. LEXIS 167107, the...more

Burr & Forman

Indiana Court Holds Canceling Insurance Is Not Revocation of Prior Express Consent Under TCPA

by Burr & Forman on

Wilkes v. CareSource Management Group Co., No. 4:16-cv-38 JVB, 2018 WL 4680028 (N.D. Ind. Sept. 29, 2018) - Plaintiff husband and wife applied for health insurance coverage under the Affordable Care Act through the Health...more

Womble Bond Dickinson

Stop Means Stop: Court Certifies TCPA Class Action in “Stop” Text Message Case–But Forces Class Counsel to Amend Retainer...

by Womble Bond Dickinson on

TCPAland is so full of interesting little stories. I know from first hand experience that class counsel commonly use an unpleasant little clause to keep their would-be class representatives from settling cases...more

Weiner Brodsky Kider PC

FCC Chairman Considering TCPA Reform

by Weiner Brodsky Kider PC on

In response to concerns raised by a number of U.S. senators over the TCPA, FCC Chairman, Ajit Pai, recently stated that the FCC would reconsider important issues under the TCPA in light of the U.S. Court of Appeals for the...more

Akin Gump Strauss Hauer & Feld LLP

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

• 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

Bradley Arant Boult Cummings LLP

Irrevocable Consent Comes to the Eleventh Circuit: Two District Courts Apply Reyes to Boot TCPA Cases

A critical question in Telephone Consumer Protection Act (TCPA) cases is whether the plaintiff gave consent to receive communications from the defendant, and whether that consent had been revoked by the time of the...more

Womble Bond Dickinson

An Unlikely Pair: Two New Decisions Allow Consumers to Unilaterally Revoke Written TCPA Consent But for Vastly Different Reasons

by Womble Bond Dickinson on

TCPAland already has one burning and endless controversy–the definition of ATDS–and now it looks like it has two.  Plus, TCPAland defendants just received more bad news out of the Northern District of Illinois–but that’s...more

Smith Debnam Narron Drake Saintsing & Myers,...

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

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

Womble Bond Dickinson

TCPA Consent Medley: Third New Decision Enforcing TCPA Consent Provision in Consumer Agreement Has “Robocallers” Humming

by Womble Bond Dickinson on

After a long period of quiet on the issue, TCPAland has seen three swift decisions on good-Reyes (Reyes v. Lincoln Auto. Fin. Servs., 861 F.3d 51 (2d Cir. 2017), as amended (Aug. 21, 2017)) all aligning to enforce contractual...more

Womble Bond Dickinson

Have You Heard?: Another ATDS Decision Out Today–This One Holding that Predictive Dialers Qualify Under the TCPA Even Without FCC...

by Womble Bond Dickinson on

As soon as I posted the updated ATDS scorecard you knew it was bound to happen. And it did. A new monstrous ATDS decision. This one even more daring than the rest. In Heard v. Nationstar Mortg. Llc, Case No.:...more

Vedder Price

The “DISH” on Unilateral Revocation: Another U.S. District Court Holds No Unilateral Revocation of Consent under the TCPA

by Vedder Price on

On August 9, 2018, the United States District Court for the Northern District of Alabama agreed with the Second Circuit Court of Appeals decision in Reyes v. Lincoln Auto. Fin. Servs., 861 F.3d (2d Cir. 2017), which held that...more

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