Second Circuit Confirms Prior Express Consent For “Health Care” Messages Need Not Be In Writing Under TCPA

On February 21, 2018, the Second Circuit Court of Appeals affirmed a lower court’s grant of summary judgment in a TCPA defendant’s favor, holding that the TCPA plaintiff provided prior express consent for a “health care” message, precluding liability. In its decision, the Second Circuit confirmed that under the TCPA, a defendant need not obtain written prior express consent to send a health care message. Continue reading “Second Circuit Confirms Prior Express Consent For “Health Care” Messages Need Not Be In Writing Under TCPA”

New Year, New TCPA Decision

Author: Jeremy Gilman (former Partner at Benesch Law)

January 3, 2017.  The first business day of the new year.  America’s engine revs up again. The scent of fresh coffee fills the air.  Court is in session, and a new TCPA decision is issued. Continue reading “New Year, New TCPA Decision”

Sixth Circuit Reverses Defendant’s TCPA Class Action Win

Author: Jeremy Gilman (former Partner at Benesch Law)

This decision is more than merely an appellate adjudication of a TCPA case.  It’s an announcement of class certification law by the Sixth Circuit Court of Appeals.

Here’s the court’s summary: Continue reading “Sixth Circuit Reverses Defendant’s TCPA Class Action Win”