In Cholly v. Uptain Group, Inc., 2015 WL 9315557, at *3 (N.D.Ill., 2015), Judge Gettlemen found that the bankruptcy laws' automatic stay does not constitute revocation of consent under the TCPA. Despite the fact that Count I of plaintiff's complaint sufficiently states a claim for relief with respect to her non-consent allegations, in light of defendants' motions to strike, the… Read More
In Wright v. Target Corporation, 2015 WL 8751582, at *7 (D.Minn., 2015), Judge Nelson denied summary judgment, saying there were triable issues of material fact as to whether the debtor orally revoked revocation of consent under the TCPA. The District Court found that the Target credit card agreement did not preclude revocation of consent. Defendant also argues that Wright could… Read More
In Skinner v. Bluestem Brands, Inc., 2015 WL 4135269 (S.D.Miss.,2015), Judge Reeves denied summary judgment to a creditor making calls to collect a debt, rejecting the argument that the credit agreement superseded revocation rights under the TCPA. In 2012, Barbara Skinner opened a line of credit with Fingerhut, a catalog sales company, to purchase goods from Fingerhut. In so doing she… Read More
The FCC's Omnibus Ruling, along with the comments of Commissioners Wheeler, Clyburn, Rosenworcel, Pai, and O'Rielly can be found here. We will be evaluating the Ruling, and Commissioners' comments. For questions regarding the Ruling and its impacts, please contact the group leaders of Severson & Werson's TCPA team, Eric Troutman (ejt@severson.com) or Scott Hyman (sjh@severson.com). Read More
A copy of the FCC's Release can be found here: FCC TCPA News Release. A transcript of the proceedings and the panel's statements can be found here: FCC TCPA Transcript 6.18.15 Read More
The FCC today announced its intention to issue its proposed declaratory ruling on the TCPA. A copy of the announcement is here. Read More
In Alvarado v. Credit Protection Ass’n, L.P, 2015 WL 1815863 (M.D. Fla. 2015), Judge Covington held that, although a debtor consented to have his cell phone called when he provided the number in connection with the transaction creating the debt, a triable issue of fact existed as to whether a “pre-suit demand letter” constituted revocation of consent. Here, when Plaintiff… Read More
In Soulliere v. Central Florida Inv., Inc., 2015 WL 1311046 (M.D.Fla. 2015), Judge Whittemore found that a non-subscriber/regular user of a cellphone had standing to bring a TCPA claim and that there was a triable issue of fact regarding whether there was consent or whether such consent had been revoked. Defendants argue that Plaintiff does not have standing because he… Read More
In Gonnella v. Delbert Services Corporation, 2015 WL 1299364 (N.D.Ill. 2015), Judge Darrah found that a TCPA Plaintiff could plead, and had pleaded adequately, that she had revoked consent to to be called on her cellular telephone. The facts pleaded were as follows. The following facts are drawn from Plaintiff's Complaint and are accepted as true for purposes of the Motion to… Read More
In Alvarado v. Credit Protection Association, L.P., 2015 WL 859109 (M.D.Fla. 2015), Judge Covington rejected the argument made by a TCPA defendant that a “Notice of Representation” from Plaintiff’s counsel was inadmissible as a confidential settlement communication because the letter was relevant to cease-and-desist under the FDCPA and revocation of consent under the TCPA. Although the September Letter contains language… Read More
In Wallace v. Optimum Outcomes, Inc., 2015 WL 627944 (E.D.N.C. 2015), Judge Flanagan entered summary judgment for a TCPA plaintiff who had told a debt collector not to call anymore on one cell phone number but continued to receive calls on another cell phone number. Pertinent to the facts of this case and the earlier one intertwined with it, initiated… Read More
In Smith v. Markone Financial, LLC, 2015 WL 419005 (M.D.Fla. 2015), Judge Corrigan granted partial summary judgment to a TCPA plaintiff on the basis that a LiveVox dialing system used by the defendant was an ATDS under the TCPA. As it is undisputed that MarkOne called Smith using a LiveVox system, the Court only needs to determine whether that system… Read More
In Coniglio v. Bank of America, 2014 WL 6882294 (M.D.Fla. 2014), Judge Kovachevhich refused to set aside a TCPA default judgment because the defendant's allegation that it did not use an ATDS was without merit and because Plaintiff had alleged that any consent given to be autodialed on his cellular telephone was revoked. 2. Bank of America alleges it did not use… Read More
In Buchholz v. Valarity, LLC, 2014 WL 5849434 (E.D.Mo. 2014), Judge Adelman clarified his previous ruling on the parties’ summary judgment motions, finding that a TCPA plaintiff can orally revoke consent. This case stems from Defendant's use of an automatic telephone dialing system (“ATDS”) to repeatedly call Plaintiff's cell phone in an attempt to collect a $354 debt Plaintiff owed… Read More
In Johnston v. USAA Federal Savings Bank, 2014 WL 5439965 (D.Colo. 2014), Judge Babcock found that a TCPA Plaintiff could revoke prior express consent, but that unspecified oral protestations were unsufficient to do so. Written notice setting forth the revocation and the cellular telephone number at issue, however, would be effective to revoke consent. Because Plaintiff expressly agreed that Defendant… Read More
In Brenner v. American Educ. Services, --- Fed.Appx. ----, 2014 WL 4783216 (8th Cir. 2014), the Court of Appeals for the 8th Circuit remanded a TCPA case to require the District Court to determine whether the consumer revoked prior express consent. Joshua Seth Brenner appeals the district court's adverse grant of summary judgment in his action against American Education Services (AES),… Read More
In Hudson v. Sharp Healthcare, 2014 WL 2892290 (S.D.Cal. 2014), Judge Anello granted summary judgment to a TCPA defendant, finding that Plaintiff had consented to be called on her cellular telephone and had not revoked consent. On September 24, 2012, Plaintiff and her minor child, S.H., went to Sharp Grossmont Hospital to receive treatment for possible food poisoning. Upon admission,… Read More
In Gray v. Morgan Drexen, Inc., 2014 WL 2573227 (M.D.Fla. 2014), Judge Steele denied Summary Judgment to a TCPA defend based on a triable issue of fact as to whether the Plaintiff had orally revoked consent to be auto-dialed on her cellular telephone. The facts were as follows: This case concerns alleged violations of the Telephone Consumer Protection Act (TCPA),… Read More
In Cherkaoui v. Santander Consumer USA, Inc., here, the District Court granted Santander’s Motion for Summary Judgment on Plaintiff’s TCPA claim. The District Court found that the Plaintiff consented to be called on his cellular telephone by providing his cellular telephone number in his credit application for the purchase of a vehicle. Plaintiff offered self-serving testimony that he had revoked… Read More
In Andersen v. Harris & Harris, Ltd., 2014 WL 1600575 (E.D.Wis. 2014), Judge Stadtmeuller found that a TCPA defendant met its burden of proof of demonstrating that the Plaintiff provided express consent to be called on his cellular telephone, and rejected the Plaintiff’s self-serving ambiguous evidence to the contrary. As mentioned above, H & H cannot have violated the TCPA… Read More
