Unauthorized Texting and Cell Phone Contact Litigation (TCPA)

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The United States District Court for the Southern District of Florida recently held that Ocwen Loan Servicing, LLC violated the Telephone Consumer Protection Act (TCPA) by calling an individual’s cell phone using an automatic dialer system without his consent. In Jones v. Ocwen Loan Servicing, LLC, Case No.: 0:16-cv-62967 (S.D….

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The United States District of New Jersey reinforced prior Court holdings that a plaintiff’s alleged revocation of consent must be reasonable not absurd. In Viggiano v. Kohl’s Department Store, Inc., No. 17-0243 (D.N.J. Nov. 27, 2017), the Court found the plaintiff did not reasonably revoked her consent from unwanted text…

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Following up on the United States Court of Appeals for the Second Circuit holding, which stated that black letter contract law does not allow a party to revoke consent under the TCPA without the consent of the counterpart to the contact. Reyes v. Lincoln Automotive Fin. Servs., No. 16-2104 (2d…

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The United States Court of Appeals for the Eleventh Circuit held that a consumer can partially revoke consent under the TCPA. In Schweitzer v. Comenity Bank, No. 16-10498 (11th Cir. 2017), the plaintiff provided consent to call her cellular telephone number when she applied for a credit card with the defendant. After…