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Big TCPA Day Continues: Ninth Circuit Reverses Summary Judgment in Favor of Defendant Where Plaintiff’s Revocation Testimony Raised a Question of Fact

Probably the single most common factual scenario we see in TCPA cases is the he-says/records-say revocation suit. The Plaintiff swears that he or she revoked consent. The business–which keeps great records and has bulletproof policies and training–presents records demonstrating that is just not so. Recognizing that human memories […]

Perfect Appellate Vehicle?: “Bad Reyes” TCPA Defendant Seeks Interlocutory Appeal Testing Eleventh Circuit’s Ascertainability/One-Way Intervention Standards

  BCA Financial Services, Inc. filed a well-supported petition to the Eleventh Circuit today, seeking an interlocutory appeal from the district court’s order certifying the case a against it in Reyes v. BCA Fin. Servs., No. 16-24077-CIV, 2018 U.S. Dist. LEXIS 106449 (S.D. Fla. June 26, 2018). If the […]