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Articles: 1-10 of 68

Yet Another Court Rejects Yet Another Contrived Revocation of Consent Claim

USA - November 28 2017 Yesterday the District of New Jersey issued an important decision that reinforces—as we have explained before both here and elsewhere—that a…

Senate Judiciary Holds Hearing on Abusive Lawsuits

USA - November 27 2017 As we previously reported, the Senate Committee on the Judiciary recently held a hearing entitled “The Impact of Lawsuit Abuse on American Small…

Northern District of Illinois Holds That Opt-Out Notices Are Not Required On Solicited Faxes In The Seventh Circuit

USA - November 14 2017 Following the D.C. Circuit’s decision in Bais Yaakov of Spring Valley v. FCC, 852 F.3d 1078 (D.C. Cir. Mar. 31, 2017), we explained on this blog and…

Missouri District Court Rules that App Developer Is Not Subject to Personal Jurisdiction Based on App Users’ Contacts with the Forum

USA - November 7 2017 A recent ruling from the Eastern District of Missouri provides encouraging news for app developers who may be sued under the TCPA for messages sent by…

District Courts Debate Whether Providing a Phone Number Establishes Consent

USA - November 6 2017 Multiple district courts have recently examined whether, and in what circumstances, providing one’s phone number suffices to establish consent to be…

Second Circuit Doubles Down On Decision Prohibiting Unilateral Revocation of Consent From Bilateral Contract

USA - October 30 2017 We reported in June on a Second Circuit decision holding that a consumer cannot unilaterally revoke consent that she provided in a bilateral contract…

District Court Finds Text Message With Link To Sender’s App Might Qualify As Advertising

USA - October 24 2017 As businesses increasingly elect to use text messaging to communicate with consumers, they should be mindful that text messages are a frequent target…

Third Circuit Reverses Denial of Class Certification, Remands for Development of Record Regarding Ascertainability

USA - October 13 2017 The Third Circuit recently vacated a trial court’s decision that members of a putative class were not readily ascertainable by reference to objective…

Court Compels Arbitration of TCPA Claims Due to Broad Arbitration Agreement with Survival Clause

USA - October 12 2017 A recent decision from the Northern District of Ohio highlights the importance of having a carefully drafted arbitration agreement in callers’…

FCC Issues Public Notice Regarding Requested TCPA Exemptions for Credit Unions

USA - October 10 2017 On October 6, 2017, the FCC issued a Public Notice that seeks comment on a Petition that was recently filed by the Credit Union National Association…