I love being right all the time. (Like all the time.)
So the day Ramirez was decided I wrote this:
Well a Court in New York addressed the issue just as directly on Friday holding:
“The Supreme Court’s decision in TransUnion casts significant doubt on the continued viability of Hunstein.” This is so because of FN6, which “appears dispositive of the mailing vendor theory.”
That was easy. And rather obvious.
So Hunstein is dead and I was right. You can all go back to your Sundays now.
Case here: In re Letter Vendor cases_Dismissal
I’ll have a post-mortem up on the HUGE palooza later this week. Bottom line: it was likely the best conference ever thrown. Certainly the best compliance-related conference.
BTW–bunch of REALLY important TCPA cases out last week (a popular predictive dialer’s source code is likely to be handed over to the plaintiff’s bar, a defendant almost got itself sanctioned for “unprofessional conduct,” and the Fifth Amendment is now critically important in civil TCPA suits.)
Will have coverage on all three for you tomorrow because I hate blogging on Sundays.