News & Analysis as of

Consent Summary Judgment

Faegre Drinker Biddle & Reath LLP

Maryland District Court Opinion Explores Complexities of TCPA Consent and Revocation

In the recent opinion of Smith v. ExamWorks, LLC, No. 21-2746, 2024 WL 622102 (D. Md. 2024), the District of Maryland analyzed the nuances of consent and revocation under the TCPA....more

Womble Bond Dickinson

Fourth Circuit Agrees that Navient’s Records Established TCPA Plaintiff Had Not Revoked Consent

Womble Bond Dickinson on

It is well established that TCPA plaintiffs have a right to revoke their consent and are often given a fair amount of latitude in exercising their revocation rights. And, not surprisingly, courts are often reluctant to grant...more

Faegre Drinker Biddle & Reath LLP

Timing Is Everything in Eleventh Circuit’s Renewed Consent Case

The Eleventh Circuit recently affirmed the entry of summary judgment in favor of a student loan servicer and its affiliate, finding that their nearly 2,000 calls did not violate the TCPA because the plaintiff had renewed his...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

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

Farella Braun + Martel LLP

3 Lessons For Calif. Insureds From Late-Notice Rule Decision

In Pitzer College v. Indian Harbor Insurance Company, the California Supreme Court resolved two previously open questions in insurance law: (1) it concluded that the notice-prejudice rule is a fundamental public policy of...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

Eversheds Sutherland (US) LLP

You can’t unring a bell – More courts reject revocation of consent under the TCPA

Whether and in what form a consumer has given consent to be contacted via an automatic telephone dialing system (ATDS) may be a crucial aspect of determining liability under the Telephone Consumer Protection Act (TCPA)....more

Womble Bond Dickinson

Uncheck that Box

Womble Bond Dickinson on

Comcast has a policy in its Chicago region that permits a prospective customer to make a $50 deposit for internet service in lieu of a requirement to submit to a credit check. In Santangelo v. Comcast Corporation, 2018 WL...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

Burr & Forman

Another Court Holds That Bargained-For Consent To Be Called Cannot Be Unilaterally Revoked In TCPA Case

Burr & Forman on

Harris v. Navient Solutions, LLC, No. 3:15-cv-546, 2018 WL 3748155 (D. Conn. Aug. 7, 2018) - Plaintiff signed promissory notes to secure student loans in which she provided her telephone number, agreed to update Defendant...more

Vedder Price

TCPA Case Law Update (Vol. 2)

Vedder Price on

In case there was any doubt that TCPA cases continue to flood federal court dockets nationwide, we recently reviewed the nearly 300 decisions referencing the TCPA that have been published since mid-December. Some of them have...more

Dorsey & Whitney LLP

89 Call Recordings Not Enough to Convince Court that Plaintiff Did Not Revoke Consent

Dorsey & Whitney LLP on

When a Defendant submits 89 call recordings demonstrating that the customer never once asked for calls to stop or suggested that the calls were unwanted, you’d think that would be enough to earn a summary judgment. Not so,...more

Goodwin

District of New Jersey Grants Summary Judgment and Strikes Class Allegations in TCPA Case

Goodwin on

Last week, the District of New Jersey issued a noteworthy opinion in a putative TCPA class action against TD Bank and Target. In Martinez v. TD Bank USA, N.A. et al., 2017 WL 2829601 (D.N.J. June 30, 2017), the court held...more

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