Following the Florida Supreme Court's recent decision in Bartram v. U.S. Bank, N.A., 41 Fla. L. Weekly S493, 2016 WL 6538647 (Fla. Nov. 3, 2016), courts were left to interpret how Bartram would affect lenders' reliance on breach letters issued more than five years prior to a foreclosure proceeding initiated after the dismissal of a prior action. Florida's Second District Court of Appeal answered this very question in its opinion in Desylvester v. Bank of New York Mellon, et al., which indicates that lenders need not send a new breach letter in subsequent foreclosure actions filed after ...
The Ninth Circuit Court of Appeals recently held that, for purposes of the Telephone Consumer Protection Act of 1991 (TCPA), the scope of a consumer's consent depends on the transactional context in which it is given. Van Patten v. Vertical Fitness Group, LLC, Case No. 14-55980 (9th Cir. Jan. 30, 2017). Specifically, the court concluded that an "effective consent" is one that relates to the same subject matter for which the calls or text messages are being made. The court further established that while a consumer does have the ability to revoke consent, the revocation must clearly ...