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Second Circuit Denies Rehearing of TCPA Revocation of Consent Case

 

10/24/2017 09:00 AM Tags/Topics: Daily Decision TCPA Reyes v. Lincoln Automotive Fin. Servs., No. 16-2104, 2017 WL ——-  (2d. Cir. Oct. 20, 2017) In denying the plaintiff’s petition for rehearing without opinion, the U.S. Court of Appeals for the Second Circuit will not reconsider its previous precedent-setting decision, in which it held that the Telephone […]

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Court Denies Frequent Filer’s Motion to Proceed In Forma Pauperis

 

09/13/2017 09:00 AM Tags/Topics: Daily Decision FDCPA TCPA Tuck v. Pacer Service Center U.S. Courts, et al., No. 17-1720, 2017 WL 4050356 (S.D.Cal. Sept. 12, 2017) The U.S. District Court for the Southern District of California denied a consumer’s request to proceed in court with his Telephone Consumer Protection Act, Fair Debt Collection Practices Act […]

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California District Court Rules that ACA International v. FCC Ruling Sets Aside Prior FCC Guidance on the Definition of an Autodialer

 

09/07/2017 07:00 AM Tags/Topics: Daily Decision TCPA Washington v. Six Continents Hotels, Inc., No. 216CV03719ODWJEM, 2018 WL 4092024, at *3 (C.D. Cal. Aug. 24, 2018) Upon lifting the stay from a case that was stayed pending the outcome of the ACA International v. FCC court case, a California district court found that the ruling in […]

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Court Rules Revocation of Consent under TCPA is Creditor-Specific

 

08/28/2017 09:00 AM Tags/Topics: Daily Decision TCPA Michel v. Credit Protection Association L.P, No. 14-8452, 2017 WL 3620809 (N.D.Ill. Aug. 23, 2017) The U.S. District Court for the Northern District of Illinois held that revocation of consent for one creditor is not revocation of consent for all creditors.  Therefore, the district court ruled a collection […]

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Eleventh Circuit Rules Consumer Has Power to "Partially" Revoke Consent to Receive Future Automated Calls under the TCPA

 

08/11/2017 01:00 AM Tags/Topics: Daily Decision TCPA Schweitzer v. Comenity Bank, No. 16-10498, 2017 WL ——- (11th Cir. Aug. 10, 2017) Reversing the district court’s grant of summary judgment, the Eleventh Circuit Court of Appeals held that the Telephone Consumer Protection Act allows a consumer to partially revoke consent to receive automated calls. The appellate court […]

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