Would-Be TCPA Plaintiff Cannot Unilaterally Revoke Contractual Consent to be Called
Posted on May 7, 2020 in Consumer Protection | Comments Off on Would-Be TCPA Plaintiff Cannot Unilaterally Revoke Contractual Consent to be Called
The Eleventh Circuit has joined the Second in holding that consent to be called using an autodialer and/or prerecorded messages, given as part of a contract, cannot be unilaterally withdrawn. Medley v. DISH Network, LLC, 2020 WL 2092594 (11th Cir. May 1, 2020). Linda Medley entered into a 24-month agreement with DISH Network to receive satellite television services for a monthly fee. ...
Supreme Court Grants Cert. in Bankruptcy Discharge Case
Posted on Jan 16, 2018 in Bankruptcy | Comments Off on Supreme Court Grants Cert. in Bankruptcy Discharge Case
The Supreme Court granted cert. on January 12, 2018, to review Appling v. Lamar, Archer & Cofrin, LLP (In re Appling), 848 F.3d 953 (11th Cir. 2017), which we reported on below. The case, which involves the bankruptcy discharge exception for fraud, will be heard this term. Posted by Tom...
Securities Law Judgment Excepted from Discharge
Posted on Feb 21, 2017 in Bankruptcy, Securities | Comments Off on Securities Law Judgment Excepted from Discharge
On the same day the court decided Appling (below), the Eleventh Circuit issued a second bankruptcy-discharge opinion, this time addressing one of the more obscure exceptions from discharge, § 523(a)(19)(A)’s exception for judgments for securities law violations. Lunsford v. Process Technologies Services, LLC (In re Lunsford), 2017 WL 603845 (11th Cir. Feb. 15, 2017). Judge Bill Pryor...
Court Broadly Construes Bankruptcy Discharge Exception for Fraud
Posted on Feb 17, 2017 in Bankruptcy | Comments Off on Court Broadly Construes Bankruptcy Discharge Exception for Fraud
One of the most litigated issues in bankruptcy court is whether a discharge of a particular claim should be granted to a debtor who has committed fraud relating to the claim, a statutory discharge exception found in section 523(a)(2)(A) and (B) of the Bankruptcy Code. The statute establishes a dichotomy between fraudulent statements regarding the debtor’s (or an “insider” of the...