Articles: 1-10 of 127
Southern District of Florida Finds Text Message Response to an Advertisement is Not a Violation of the TCPA
USA - April 6 2018 In Edelsberg v. Vroom, Inc., No. 16-cv-62734-GAYLES, 2018 WL 1509135 (S.D. Fla. Mar. 27, 2018), the Southern District of Florida held that an…
Failla and Taylor are Alive and Well: Eleventh Circuit again Confirms that Debtors Cannot Retain Secured Property Absent Reaffirmation or Redemption
USA - April 5 2018 For the third time in less than two years, the Eleventh Circuit Court of Appeals has ruled that a chapter 7 debtor who does not reaffirm the secured…
Florida Supreme Court Accepts Jurisdiction in Glass on Fee Issue in Foreclosures
USA - February 26 2018 On February 13, 2018, the Florida Supreme Court accepted jurisdiction in an appeal emanating from a hot button issue in contested foreclosures - can…
Southern District of Florida Finds Telephone Dialing System is Not an ATDS Under the TCPA
USA - February 5 2018 In Ferrer v. Bayview Loan Servicing, LLC, No. 15-20877-Civ-Scola, 2018 WL 582584 (S.D. Fla. Jan. 26, 2018), the Southern District of Florida…
Ninth Circuit Finds No Vicarious Liability Under the TCPA for Marketing Text Message
USA - January 12 2018 In Kristensen v. Credit Payment Services, Inc., — F.3d —, 2018 WL 343758 (9th Cir. 2018), the Ninth Circuit recently held that three lenders and two…
Second Circuit Finds that Flu Shot Reminder Text Does Not Violate TCPA
USA - January 5 2018 In Latner v. Mt. Sinai Health System, Inc., ___ F.3d ___, 2018 WL 265085 (2d Cir. 2018), the Second Circuit recently held that a single flu shot…
Massachusetts District Court Finds VoIP Service is Not Cellular Service Per Se Under the TCPA
USA - December 6 2017 In Breda v. Cellco Partnership, No. 16-11512-DJC, 2017 WL 5586661 (D. Ma. Nov. 17, 2017), the plaintiff, Robin Breda (“Plaintiff”) claimed Cellco…
Federal Court Denies Class Certification in TCPA Suit Against Auto-Lender Exeter Finance
USA - December 4 2017 In Billy Ginwright v. Exeter Finance Corp., No. 8:16-cv-565-TDC, ECF No. 107, 2017 U.S. Dist. LEXIS 194739, 2017 WL 5716756 (D. Md. Nov. 28, 2017), a…
Late-Night Senate Vote Paves Way for President to Kill CFPB Arbitration Rule
USA - October 25 2017 After months of wrangling, the U.S. Senate voted to pass substantive and impactful legislation on Tuesday evening regarding the Consumer Financial…
Federal District Court: Banks Do Not Owe a Duty of Care to Non-Customers Under Tennessee Law
USA - October 25 2017 In Belle Meade Title & Escrow Corp. v. Fifth Third Bank, et al., No. 3:17-cv-874, ECF No. 26, — WL —- (M.D. Tenn. Oct. 17, 2017), a...
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