Skip to Content (Press Enter)

Skip to Nav (Press Enter)

Effective, Experienced, Exceptional.

Firm Profile

Pre-emption

Subscribe to Consumer Finance

Thank you for your desire to subscribe to Severson & Werson’s Consumer Finance Weblog. In order to subscribe, you must provide a valid name and e-mail address. This too will be retained on our server. When you push the “subscribe button”, we will send an electronic mail to the address that you provided asking you to confirm your subscription to our Weblog. By pushing the “subscribe button”, you represent and warrant that you are over the age of 18 years old, are the owner/authorized user of that e-mail address, and are entitled to receive e-mails at that address. Our weblog will retain your name and e-mail address on its server, or the server of its web host. However, we won’t share any of this information with anyone except the Firm’s employees and contractors, except under certain extraordinary circumstances described on our Privacy Policy and (About The Consumer Finance Blog/About the Appellate Tracker Weblog) Page. NOTICE AND AGREEMENT REGARDING E-MAILS AND CALLS/TEXT MESSAGES TO LAND-LINE AND WIRELESS TELEPHONES: By providing your contact information and confirming your subscription in response to the initial e-mail that we send you, you agree to receive e-mail messages from Severson & Werson from time-to-time and understand and agree that such messages are or may be sent by means of automated dialing technology. If you have your email forwarded to other electronic media, including text messages and cellular telephone by way of VoIP, internet, social media, or otherwise, you agree to receive my messages in that way. This may result in charges to you. Your agreement and consent also extend to any other agents, affiliates, or entities to whom our communications are forwarded. You agree that you will notify Severson & Werson in writing if you revoke this agreement and that your revocation will not be effective until you notify Severson & Werson in writing. You understand and agree that you will afford Severson & Werson a reasonable time to unsubscribe you from the website, that the ability to do so depends on Severson & Werson’s press of business and access to the weblog, and that you may still receive one or more emails or communications from weblog until we are able to unsubscribe you.

Sweet Home Alabama — District Court (Ala.) Says 11th Amendment Gives University of Alabama Immunity against TCPA Claim

by Scott J. Hyman |

In Threadford v. Board of Trustees of University of Alabama, 2018 WL 2197554, at *2–3 (N.D.Ala., 2018), Judge Proctor dismissed a TCPA claim against the University of Alabama. There are two exceptions to Eleventh Amendment immunity:  First, Congress can abrogate eleventh amendment immunity without the state’s consent when it acts pursuant to the enforcement provisions of section 5 of the… Read More

District Court (Cal.) Says that TCPA Claim Against Insurer Not Barred by McCarran-Ferguson, that Dual-Purpose Text Requires Written Consent, and that ATDS Adequately Pleaded

by Scott J. Hyman |

In Flores v. Access Insurance Company, 2017 WL 986516, at *8 (C.D.Cal., 2017), Judge Snyder found that Plaintiff adequately pleaded use of an ATDS to send a text message and that the McCarran-Ferguson Act did not bar a TCPA Plaintiff's claim against the insurer.  Judge Snyder also said that dual purpose text messages can trigger the TCPA's written consent requirement.… Read More

5th Cir. Finds TCPA and Truth-in-Caller ID Act Pre-Empt State Law “Anti-Spoofing” Legislation — Because the TCIA Was Meant to Protect Non-Harmful Spoofing

by Scott J. Hyman |

In Teltech Systems, Inc. v. Bryant, --- F.3d ----, 2012 WL 6097949 (5th Cir. 2012), the Court of Appeals for the 5th Circuit held that the Truth-in-Caller ID Act pre-empted state-law ‘anti-spoofing’ legislation. “Spoofing” is misrepresenting the originating telephone caller's identification (caller ID) to the call recipient. The practice has both improper and legitimate applications. In early 2010, Mississippi enacted… Read More