Posts in Revocation.

Vanessa Wright v. USAA Savings Bank, No. 2:19-cv-00591 WBS CKD, 2020 WL 2615441 (E.D. Cal. May 22, 2020)

Plaintiff, who had a credit card account with Defendant for approximately 18 years, retained counsel to address financial issues facing his household. Counsel prepared a letter of representation and revocation of consent to call Plaintiff, which he sent to Defendant’s headquarters via certified mail. The confirmation notice associated with the letter verified that it was “delivered to the front desk, reception area, or mail room . . . In LAS VEGAS, NV 89169.” Defendant ...

Medley v. Dish Network, LLC, No. 8:16-cv-02534-CEH-CPT (11th Cir. May 1, 2020).

Plaintiff entered into a contract, providing her cell phone number and expressly authorizing Defendant “to contact [her] regarding [her] DISH Network account or to recover any unpaid portion of [her] obligation to DISH, through an automated or predictive dialing system or prerecorded messaging system.” Plaintiff’s counsel sent Defendant three faxes noting the Telephone Consumer Protection Act’s (TCPA) prohibition again making any call to their client using an automatic telephone ...

Ford v. Bluestem Brands, Inc., No. 18 CV 2695 (VB), 2019 WL 1046367 (S.D.N.Y. March 4, 2019)

Defendant provided Plaintiff with a $300 line of credit Plaintiff used to purchase a laptop from Defendant. Plaintiff claimed he received a letter from Defendant canceling his order, never received the laptop and Defendant could not prove he did. When Defendant sought to collect payment for the laptop, Plaintiff allegedly told Defendant he never received it, disputed the payment and required all future communications be by mail. Plaintiff claimed that despite this notification, he received ...

Posted in: Revocation

Wilkes v. CareSource Management Group Co., No. 4:16-cv-38 JVB, 2018 WL 4680028 (N.D. Ind. Sept. 29, 2018)

Plaintiff husband and wife applied for health insurance coverage under the Affordable Care Act through the Health Insurance Marketplace at healthcare.gov ("Marketplace"). In their online application, Plaintiffs provided the wife's cellular telephone number, which the website disclosed could be shared with insurance companies providing insurance plans. When consumers select a plan and submit an application to Marketplace, their application and contact information ...

Posted in: Revocation

Medley v. Dish Network, LLC, Case No. 8:16-cv-3534-36TBM, 2018 WL 4092120 (M.D. Fla. Aug. 27, 2018)

Joining a host of courts across the county, the U.S. District Court for the Middle District of Florida recently ruled that contractual prior express consent to be called cannot be unilaterally revoked. The basis for the Court's holding was that Plaintiff entered into an Agreement with Defendant, incorporating a Customer Agreement providing that:

By signing below, you authorize [Defendant], and any debt collection agency or debt collection attorney hired by [Defendant], to contact ...

Harris v. Navient Solutions, LLC, No. 3:15-cv-546, 2018 WL 3748155 (D. Conn. Aug. 7, 2018)

Plaintiff signed promissory notes to secure student loans in which she provided her telephone number, agreed to update Defendant if her number changed and to the following clause:

"This Note may be modified only if you put the modification in writing and the modification is agreed to by any borrower or cosigner . . . I understand that you may use automated telephone dialing equipment or an artificial or prerecorded voice message to contact me in connection with this loan or loan application. You may ...

Viggiano v. Kohls Department Stores, Civ. Action No. 17-0243-BRM-TJB, (D.N.J. Nov. 27, 2017)

Plaintiff filed a class action TCPA lawsuit placing at issue automated text message allegedly sent by Defendant after Plaintiff claimed to have revoked consent to be contacted by text message. While Plaintiff admitted signing up to receive the messages, Plaintiff claimed to have later withdrawn consent through responses such as: (1) "I've changed my mind and don't want to receive these anymore,"; (2) "Please do not send any further messages."; and (3) "… I don't want these messages ...

Reyes v. Lincoln Automotive Financial Services, No. 16-2104-cv (2nd Cir. August 21, 2017)

Plaintiff leased a car from Defendant. A term of the lease stated:

You [Reyes] also expressly consent and agree that Lessor [Ford], Finance Company, Holder and their affiliates, agents and service providers may use written, electronic or verbal means to contact you. This consent includes, but is not limited to, contact by manual calling methods, prerecorded or artificial voice messages, text messages, emails and/or automatic telephone dialing systems. You agree that Lessor, Finance ...

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