ACA v. Mass. AG: Oral Argument Summary, Decision Expected Tomorrow

On Friday, the court held oral arguments in the ACA International lawsuit against Massachusetts Attorney General Maura Healey (AG) challenging the AG's ban on outbound telephone calls during the COVID-19 emergency and for 90 days thereafter. The hearing on Friday was in regard to a temporary restraining order requested by ACA. If granted, the temporary restraining order would put the AG's outbound call ban on hold until the court can decide the issue on the merits. The court is expected to make a decision on the temporary restraining order tomorrow (Tuesday). 

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11th Circuit Holds That 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. 

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