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Category: Express Consent

Class Actions…

BAIS YAAKOV IS BACK, BABY! AND IT BRINGS GIFTS: First Circuit determines a fail-safe class is uncertifiable.

12 Sep 2021
That’s right – Bais Yaakov is back, baby!  And it’s brought gifts. You might recall Bais Yaakov – the private high school we’ve previously blogged about on more than a…
Class Actions…

Up in Smoke: TCPA Class Action against Cannabis Delivery Company Wacked on Numerosity Grounds

29 Jan 202031 Jan 2020
Sometimes worlds collide. Indeed, these days, the Controlled Substances Act is not the only federal law that may hound cannabis pioneers. Rather, TCPAWorld continues to butt heads with the growing…
ATDS/Human Intervention…

Glasser Half-Full? Eleventh Circuit’s Huge ATDS Ruling Has Interesting “Willfulness” Twist

28 Jan 202029 Jan 2020
Not to be lost in the Eleventh Circuit’s recent Glasser opinion, brilliantly summarized by the Czar here, is the court’s shorter decision on TCPA liability in the context of “artificial…
Express Consent…

Simple Simon: Debt Collector Granted Summary Judgment In TCPA Case Because Plaintiff Provided His Number Directly to the Collector

12 Dec 201913 Dec 2019
With all the complicated and nuanced legal issues in TCPAWorld -- I just spoke for five hours on this stuff Tuesday-- once in a while it is nice to remind ourselves…
Class Actions…

TCPA Class Melts Under Sweltering Scrutiny: Company-Wide Training Policy and Plaintiff’s “Distressing” Ignorance of Her Claim Against Ice Cream Company Defeats Typicality and Adequacy

5 Dec 201912 Dec 2019
Like many chains, Häagen-Dazs operates a Rewards Program where members receive points for their purchases, coupons, and other offers, as well as information regarding their favorite creamery. The Rewards Program…
Express Consent…

TCPA QUICK-HITTER: North Carolina Federal Court Dismisses TCPA Claim for Failing to Allege Lack of Consent to Calls

10 Sep 201911 Sep 2019
Here’s a quick update for TCPAWorld concerning the on-going battle across the country regarding what exactly constitutes a prima facie case under the TCPA. Many courts have come to the…
Class Actions…

No Consent For You: SDNY Magistrate Judge Recommends Certifying No-Consent Class Against Now-Closed NYC Cantina Based On Lack Of Evidence Of Consent.

12 Aug 201913 Aug 2019
We often remark that the TCPA can, and does, affect businesses across industries. A once-popular New York City restaurant learned that lesson the hard way, when a Southern District of…
Express Consent…

“The Results Are In – You DID Consent To These Faxed Advertisements!” – TCPA Claim Against Paternity Testing Facility Fails Based On Medical Center’s Decade-Old Prior Express Consent

19 Jul 201922 Jul 2019
How long does prior express consent last? Well, TCPAWorld, you are in luck – according to the Northern District of Illinois, consent can last for around a decade, at least.…
Express Consent…

Context Matter: Court Uses Deposition Testimony to Find Revoking TCPA Plaintiff Re-Consented to Calls By Asking for A Single Call Back

20 May 201921 May 2019
For those struggling to understand the contours of express consent and revocation in TCPA cases—and who isn’t— a new decision out of the Southern District of Texas is well worth…
ATDS/Human Intervention…

Text Me 6 Times, Shame on Me; Text Me 30 Times, Shame on You: Court Holds TCPA Plaintiff Plausibly Alleged That Defendant Exceeded the Scope of Consent

6 May 20197 May 2019
Although they often get lost in the morass surrounding the definition of an ATDS, significant TCPA cases continue to turn on the scope of consent. Hudson v. Ralph Lauren Corp.…
Express Consent…

The TCPA and Human Memory: New Ruling Shows How Convenient Memories Often Make for Large-Dollar Lawsuits in TCPAWorld

29 Apr 201930 Apr 2019
Human memory is an odd thing. The longer I live, the more convinced I become that most people are not capable of recalling facts as they actually happen, but merely…
Express Consent…

No Free Lunches in TCPAWorld: Call-to-Action Display Offering Burger Coupon Did Not Grant Consent for Related Text Solicitation

8 Apr 20199 Apr 2019
There really is no such thing as a free lunch in TCPAWorld. And companies offering a free meal in exchange for membership in a text or call list had better…
Express Consent

Whose Consent Is It Anyway?: Court Recognizes Reasonable Reliance Defense in Denying Summary Judgment to Junk Fax Plaintiff

3 Apr 2019
Photo by rawpixel.com on Pexels.com Reassigned number liability remains shaky ground in the wake of ACA International v. FCC, 885 F.3d 687 (D.C. Cir. 2018), with the D.C. Circuit vacating…
Express Consent…

When Is A TCPA Violation “Willful?”

1 Apr 2019
When is a TCPA violation willful? What is the standard of proof? The Eastern District of California addressed those questions last week in N.L. v. Credit One Bank, N.A., 2019…
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About TCPAWorld

TCPAworld.com isn’t just a blog, its a lifestyle obsession for those that eat, sleep, and breathe the TCPA like we do.

We’ll break all the TCPA news–usually before anyone else does–with witty and informative articles that break the mold of stuffy law firm analysis. Yet the analysis you’ll find will always be dead on and steeped in our decades of combined TCPA defense experience.

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The opinions expressed in content on TCPAworld are solely those of the authors and contributors that share their content here.

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  • FACEBOOK Ruling Resource Page
  • The Developments That Rocked TCPAWorld
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  • TOP GUN TALENT WANTED
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