In Franklin v. Navient Corp., Civil Action No. 17-1640-RGA, 2019 U.S. Dist. LEXIS 150902, at *14-19 (D. Del. Sep. 5, 2019), the District Court declined to follow the Second Circuit's Reyes decision. The Court turns next to the calls placed [*15] to Plaintiff prior to the November 2015 TCPA amendment. The evidence of record indicates that in each of Plaintiff's deferment requests,… Read More
In Lucoff v. Solutions, No. 18-CIV-60743-RAR, 2019 U.S. Dist. LEXIS 133577 (S.D. Fla. Aug. 7, 2019), Judge Ruiz granted summary judgment against a TCPA Plaintiff. Because the Arthur Settlement places contractual restrictions on revocation, Plaintiff's reliance on Osorio is erroneous. In Osorio, the court determined that consumers were "free to orally revoke any consent previously given" only "in the absence… Read More
In Lucoff v. Navient Sols., LLC, No. 18-60743-CIV, 2019 U.S. Dist. LEXIS 89879 (S.D. Fla. May 28, 2019), Judge McAlily found that a TCPA Plaintiff could not revoke contractually bargained for consent. The Eleventh Circuit has held that a consumer is "free to orally revoke any consent previously given" under the TCPA "in the absence of any [*11] contractual restriction to… Read More
In Singer v. Las Vegas Ath. Clubs, No. 2:17-cv-01115-GMN-VCF, 2019 U.S. Dist. LEXIS 48838 (D. Nev. Mar. 25, 2019), Judge Singer found the Second Circuit’s Reyes decision incompatible with Ninth Circuit precedent. Preliminarily, the Court is bound by the Ninth Circuit's ruling in Van Patten. To the extent Reyes may serve as persuasive authority, the Court finds it cannot be… Read More
In Epps v. Earth Fare, Inc., No. 17-55413, 2018 WL 5314055 (9th Cir. October 26, 2018), the Court of Appeals for the Ninth Circuit held in an unpublished decision that a TCPA Plaintiff did not properly revoke consent to be called. Epps alleged that although she revoked her previous consent to receive text messages from Earth Fare, Earth Fare continued… Read More
In Self-Forbes v. Advanced Call Center Technologies, LLC, Case No. 16-15804, 2018 WL 5414613 (9th Cir. October 29, 2018), the Court of Appeals for the Ninth Circuit in an unpublished decision reversed the District Court’s grant of summary judgment to a TCPA defendant on the basis that the Plaintiff testified that she orally revoked consent to be called. We have… Read More
In Sharp v. Ally Financial, Inc., 2018 WL 4300018, at *18 (W.D.N.Y., 2018), Judge Wolford found that a TCPA claim survived the Plaintiff's death. Accordingly, the Court declines to follow the rationale and the conclusion set forth in Hannabury to the extent discussed above, and holds that a private claim brought pursuant to § 227(b)(3) and § 227(c)(5) of the… Read More
In Rodriguez v. Premier Bankcard, LLC, Case No. 3:16CV2541, 2018 WL 4184742 (N.D. Ohio. August 31, 2018), Judge Carr framed 3 questions on summary judgment. First, Premier claims that because Hodge is the subscriber to the 70 number–that is, the consumer assigned to the number, and the individual billed for the call–he “was entitled to grant prior express consent for… Read More
In Few v. Receivables Performance Management, 2018 WL 3772863, at *2–3 (N.D.Ala., 2018), Judge Owen Bowdre granted summary judgment to a debt collector based on Reyes. In this case, Ms. Few contends that, although she may have initially provided DISH— and, by extension, Receivables, which acted as DISH’s agent for the purpose of debt collection—with consent to call the 0268… Read More
In Harris v. Navient Solutions, LLC (f/k/a Sallie Mae), 2018 WL 3748155, at *2–3 (D.Conn. 2018), Judge Chatigny granted summary judgment to a TCPA defendant under Reyes. The Second Circuit has held that “the TCPA does not permit a party who agrees to be contacted as part of a bargained-for exchange to unilaterally revoke that consent.” See Reyes v. Lincoln… Read More
