July 5, 2020

Volume X, Number 187

July 03, 2020

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Breaking: Eleventh Circuit Court of Appeal Holds Contractual TCPA Consent Cannot Be Revoked

I invented this argument years ago–I promise, I did–but it was made popular by the second circuit in Reyes v. Lincoln Financial Services: a consent provision contained in a written consumer contract cannot be unilaterally revoked anymore than any other term in a binding contract. So although TCPA consent can be revoked in most contexts, it cannot be revoked where it is provided by contract.

The Eleventh Circuit has twice recognized that consent can be revoked in the absence of a contract but today it clarified–as predicted–that contractual consent cannot be unilaterally revoked, following Reyes.

The case is: Medley v. Dish Network, LLC, No. 18-13841 (11th Cir. May 1, 2020) 

The holding: “common law contract principles do not allow unilateral revocation of consent when given as consideration in a bargained-for agreement.”

Boom.

This follows huge rulings out of the Eleventh Circuit narrowing TCPA claims by refusing to adopt a broad reading of ATDS and on Article III Standing. The TCPA cash cow is now officially hamburger in the Sunshine State folks.

More analysis to come.

Happy weekend folks.

© Copyright 2020 Squire Patton Boggs (US) LLPNational Law Review, Volume X, Number 122

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About this Author

Eric Troutman Class Action Attorney
Of Counsel

Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems.

Eric has built a national litigation practice based upon deep experience, rigorous...

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