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Second Circuit Holds Contractually Provided Consent Cannot Be Revoked

USA - September 8 2017 Plaintiff leased a car from Defendant. A term of the lease stated: You [Reyes] also expressly consent and agree that Lessor [Ford], Finance Company…

What Is an Automatic Telephone Dialing System? The New Battleground in TCPA Litigation Since The FCC's Declaratory Ruling

USA - December 9 2016 The world of Telephone Consumer Protection Act (TCPA) litigation is constantly changing. With this evolution, new issues arise on almost a daily basis…

Southern District of California Holds Charge for Incoming Call Does Not Create Standing to Assert TCPA Claim

USA - October 11 2016 Plaintiff filed suit, placing at issue a single call to his cell phone using an ATDS, and attempting to represent a class of similarly situated…

Another Court Dismisses TCPA Claims for Lack of Subject Matter Jurisdiction, Holding Single Phone Call Does Not Confer Standing

USA - September 12 2016 Plaintiff filed a TCPA class action lawsuit based on a single telephone call regarding the sale of medical equipment, claiming harm to herself and the…

Florida Court Dismisses TCPA Claim Holding Technology Used To Make Calls Not Autodialer

USA - September 7 2016 Defendant called Plaintiff believing it was contacting a third party to collect debt on behalf of another. Plaintiff filed suit, asserting various…