News & Analysis as of

Revocation 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

Lerch, Early & Brewer

Revocation of Revocable Trust was Fraudulent Transfer

Lerch, Early & Brewer on

In JPMorgan Chase Bank, N.A. v. Winget, the United States Court of Appeals for the Sixth Circuit addressed whether Larry Winget (Winget) could revoke the Larry J. Winget Living Trust (Trust) to make the assets unreachable to...more

Troutman Pepper

Is Express Revocation Necessary? District Court Finds Genuine Dispute of Material Fact Regarding TCPA Consent, Absent Evidence of...

Troutman Pepper on

A Kentucky district court judge recently granted in part and denied in part a defendant’s motion for summary judgment in a Telephone Consumer Protection Act (TCPA) case, Barnett v. First National Bank of Omaha. The court held...more

Freeman Law

Implied-Revocation Doctrine Revived by Texas Supreme Court

Freeman Law on

Angel v. Tauch, __ S.W.3d __ (Tex. Jan. 14, 2022) [19-0793] - Facts: South State Bank held a $4.6 million judgment against Kyle Tauch, an individual. The Bank offered to settle the judgment debt for $2 million. Before...more

Manatt, Phelps & Phillips, LLP

Revocation of Consent Question Sent to Jury in Pennsylvania

Contractual consent provisions are revocable, a Pennsylvania federal district court recently held in a Telephone Consumer Protection Act (TCPA) lawsuit, although it sent the issue of whether the plaintiff effectively revoked...more

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker: October 2020

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

Oregon District Court holds that Revocation Cannot Be Imputed to a Party That Never Received Revocation Notification

Womble Bond Dickinson on

In Miler v. Td Bank United States, No. 3:20-cv-00340-BR, 2020 U.S. Dist. LEXIS 184658 (D. Or. Oct. 6, 2020), the District Court of Oregon granted Target’s motion to dismiss on the grounds that Plaintiff failed to allege facts...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

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

Ballard Spahr LLP

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

Ballard Spahr LLP on

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

Faegre Drinker Biddle & Reath LLP

U.S. Financial Institutions Petition FCC to Exclude Their Informational Calls from TCPA Liability During the COVID-19 Pandemic

On March 30, 2020, the American Bankers Association (“ABA”) and several other associations of banks and credit unions (together, “petitioners”) effectively asked the FCC to exempt all COVID-related calls and texts to...more

King & Spalding

Third Circuit Affirms Judgment in Favor of Serial TCPA Litigant Due to Defendant’s Failure to Respond to Request for Admission

King & Spalding on

On March 3, the Third Circuit upheld the Eastern District of Pennsylvania’s judgment in favor of a repeat player in TCPA litigation, concluding that the plaintiff had standing to sue because the calls in question went to his...more

Manatt, Phelps & Phillips, LLP

The TCPA and Healthcare: Consent, Exemptions and Risk Mitigation

Editor’s Note: The average cost of a Telephone Consumer Protection Act (TCPA) settlement is estimated at $6.6 million—and healthcare is among the top three industries being targeted for TCPA litigation. Though its sponsors in...more

Womble Bond Dickinson

Eleventh Circuit Holds an ATDS Must Have Capacity to Randomly or Sequentially Generate Numbers

Womble Bond Dickinson on

The Eleventh Circuit has spoken on the interpretation of the automatic telephone dialing system (“ATDS”) definition, and held that to qualify as an ATDS a device must have the capacity to randomly or sequentially generate...more

Womble Bond Dickinson

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

Womble Bond Dickinson on

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...

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

Faegre Drinker Biddle & Reath LLP

Court Denies Atypical Plaintiff’s Motion to Certify Unascertainable Fail-Safe Class

The Middle District of Florida has denied a motion for class certification, finding the proposed class definition would have created a fail-safe class, the class members were not ascertainable, and the plaintiff’s claims were...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

Womble Bond Dickinson

Navient Wins Summary Judgment: Court Confirms Calls to Collect Government-Backed Debt Exempt From TCPA

Womble Bond Dickinson on

In a recently published decision, a federal court granted student loan processor Navient’s motion for summary judgment, concluding that a statutory exception that makes calls solely to collect a debt owed to or guaranteed by...more

Rosenberg Martin Greenberg LLP

IRS Reminds Taxpayers of Its Ability to Revoke Passports and Deny Passport Applications: What You Need to Do If You Plan to Travel...

Last week, the Internal Revenue Service (“IRS”) published another friendly reminder that it was recently vested with the authority to revoke passports and deny passport applications for those with “seriously delinquent tax...more

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker January 2019

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

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker December 2018

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

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

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker - November 2018

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

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

38 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide