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Northern District Says No Deference to FCC Ruling on ‘Express Consent’ to Call Cell Phones Under TCPA

by Scott J. Hyman |

In Leckler v. CashCall, Inc,  Judge Susan Illston of the United States District Court for the Northern District refused to follow the FCC's January 4, 2008 interpretive ruling of the Telephone Consumer Protection Act, which had permitted lenders to use autodialers and prerecorded message calls to wireless numbers so long as express consent had been given, such as if the consumer provided… Read More

The Court of Appeals for the Ninth Circuit Applies the Rooker-Feldman Doctrine

by Scott J. Hyman |

On May 8, 2008, the Court of Appeals for the Ninth Circuit in Reusser v. Wachovia Bank, __ F.3d __ (9th Cir. 2008) applied the Rooker-Feldman doctrine to bar re-litigation in federal court of the propriety of a non-judicial foreclosure that had been stayed by the consumer's bankruptcy.  The Rooker-Feldman doctrine holds that federal courts lack jurisdiction to review claims seeking… Read More

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