News & Analysis as of

Revocation Contract Terms

Butler Snow LLP

Disagreement of the minds? Texas Supreme Court hears arguments on implied revocation contracts doctrine.

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“Meeting of the minds” is a phrase that every lawyer remembers spoken in the voice of their 1L contracts professor. Amid the explanation of offer, acceptance, and the ever-perplexing concept of consideration, the objective...more

Burr & Forman

Eleventh Circuit Holds Consent in Bargained-For Contract Cannot Be Unilaterally Revoked

Burr & Forman on

Medley v. Dish Network, LLC, No. 8:16-cv-02534-CEH-CPT (11th Cir. May 1, 2020). Plaintiff entered into a contract, providing her cell phone number and expressly authorizing Defendant “to contact [her] regarding [her] DISH...more

Burr & Forman

Medley v. Dish Network, LLC: The Eleventh Circuit Joins the Second Circuit in Prohibiting Unilateral Revocation of Consent...

Burr & Forman on

While the Federal Communications Commission (“FCC”) has been clear that the Telephone Consumer Protection Act (“TCPA”) allows a consumer to revoke consent through “any reasonable means,” federal courts have been grappling...more

Ballard Spahr LLP

Eleventh Circuit holds TCPA does not permit unilateral revocation of contractual consent

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The U.S. Court of Appeals for the Eleventh Circuit held last week, in Medley v. DISH Network, LLC, that the Telephone Consumer Protection Act (TCPA) does not allow a consumer to unilaterally revoke consent to receive...more

Hudson Cook, LLP

Courts Contemplate Companies' Ability to Restrict Means of Revoking TCPA Consent

Hudson Cook, LLP on

The Telephone Consumer Protection Act is notorious. It establishes rigorous consent standards to use an autodialer or a prerecorded message. It gives consumers a private right of action. It imposes ruinous statutory damages....more

Womble Bond Dickinson

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

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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

Mintz

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

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

Womble Bond Dickinson

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

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

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

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

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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

Burr & Forman

District Court of Connecticut Follows Reyes Decision

Burr & Forman on

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

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

Womble Bond Dickinson

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

Womble Bond Dickinson on

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

Womble Bond Dickinson

Contracts 101: Court Rules Contractual TCPA Consent Is Irrevocable Even if the Contract Doesn’t Specifically Say So

Womble Bond Dickinson on

Well it has been a while since we’ve had anything to report regarding case law developing around “Good Reyes”–Reyes v. Lincoln Auto. Fin. Servs., 861 F.3d 51, 56 (2d Cir. 2017), as amended (Aug. 21, 2017). Indeed, with all...more

Womble Bond Dickinson

Court Reserves “Multiple-Account” Revocation Issues for the Jury and Suggests that a Spouse Can Revoke Consent

Womble Bond Dickinson on

One of the biggest challenges collectors face when trying to honor consumer consent preferences is how to treat a stop call request received from a customer who has multiple accounts in collections with the caller....more

Ballard Spahr LLP

Oral Revocation of TCPA Consent Ineffective Where Agreement Required Written Notice, Court Rules

Ballard Spahr LLP on

A consumer's alleged oral revocation of consent to receive autodialed or prerecorded calls to his cell phone was ineffective under the Telephone Consumer Protection Act (TCPA) when his credit card agreement provided that...more

Lewitt Hackman

FRANCHISOR 101: Finger Lickin’ Restrictions

Lewitt Hackman on

Franchise agreements give franchisors nearly absolute, unfettered discretion to control advertising of their brands. Franchisors need not regard prior course of dealings with franchisees. An Illinois federal court dismissed a...more

Faegre Drinker Biddle & Reath LLP

One Step Forward, One Step Back? Reyes's Impact on TCPA Claims

Courts continue to chip away at the reach of the Telephone Consumer Protection Act (TCPA). In Reyes v. Lincoln Automotive Financial Services, the Second Circuit recently held that consumers cannot revoke consent to receive...more

Goodwin

Second Circuit Holds that Contractually-Given Consent Cannot be Revoked Under TCPA

Goodwin on

On June 22, 2017, the Second Circuit decided Reyes v. Lincoln Automotive Financial Services, No. 16-2104—a decision which is a win for the TCPA defense bar. In Reyes, the Second Circuit held that, once a consumer consents to...more

Dorsey & Whitney LLP

THIS CHANGES EVERYTHING—Second Circuit Holds that Contractual Consent Provisions Cannot be Revoked

Dorsey & Whitney LLP on

This is the biggest TCPA news since the Omnibus—a silver bullet to defeat most revocation cases was hiding in plain sight the entire time. It seems so obvious now. ...more

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