Eversheds Sutherland 11th Circuit Business Blog
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Don’t Call Me Maybe—TCPA Consent Can Be Partially Revoked

The Eleventh Circuit has held that the TCPA permits a consumer to partially revoke her consent to be called. Schweitzer v. Comenity Bank, 2017 WL 3429381 (11th Cir. Aug. 10, 2017). Emily Schweitzer had a past-due credit card account with Comenity Bank. The bank called her cell phone (the number which she had provided in her application) using an autodialer.  In October 2013, during a...

NO TCPA LIABILITY FOR FAXES THAT DO NOT MARKET A PRODUCT

“Unsolicited advertisements” prohibited by the Telephone Consumer Protection Act (TCPA) do not include faxes that merely facilitate the purchase of a product but do not promote the sale of products, the Eleventh Circuit confirmed in Florence Endocrine Clinic, PLLC v. Arriva Medical, LLC, 2017 WL 2415966 (11th Cir. June 5, 2017). The defendant was a supplier of medical equipment...

Dismissal of VPPA Class Action Against CNN Affirmed, But Spokeo Standing Upheld

The Eleventh Circuit affirmed the dismissal of a putative class action against CNN in a case concerning the CNN app that the plaintiff downloaded to his iPhone. Perry v. Cable News Network, Inc., 2017 WL 1505064 (11th Cir. Apr. 27, 2017). The plaintiff Perry alleged that CNN violated the Video Privacy Protection Act (“VPPA”) by tracking his view of news articles and videos and...

Interpretations of RESPA: A foreclosure sale “occurs” when scheduled, and one instance is never a pattern.

In Lage v. Ocwen Loan Servicing LLC, 2016 WL 5864507, Plaintiff-borrowers sued defendant loan servicer, alleging liability under the Real Estate Settlement Procedures Act (“RESPA”) for failure to evaluate the merits of their loss mitigation application within thirty days as required by 12 C.F.R. § 1024.41(c) and for inadequately responding to their notice of error as required by 12...

Appeal Dismissed Under Spokeo

Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), established that an alleged violation of a statutory right, standing alone, does not necessarily confer Article III standing to bring a claim in federal court.  Reaction to the decision continues to evolve.  In the latest case from the Eleventh Circuit, the court dismissed an appeal for lack of jurisdiction where the plaintiff alleged...

Fair Debt Collection Practices Act Venue for Garnishments Not Limited

Under the Fair Debt Collection Practices Act, a debt collector who sues a consumer on a debt may file the action only where the consumer signed the contract or where the consumer currently resides.  The question presented in Ray v. McCullough Payne & Haan, LLC, 2016 WL 5436776 (11th Cir. Sept. 29 2016) was whether this venue limitation applies to post-judgment proceedings to...

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