Breaking: 2nd Circuit Says TCPA Consent Not Revocable if Part of Contract (John Rossman quoted)


John Rossman, chair of Moss & Barnett's creditors' remedies and bankruptcy team, was quoted in the insideARM article, Breaking: 2nd Circuit Says TCPA Consent Not Revocable if Part of Contract, (written by Tim Bauer, June 23, 2017). Excerpts from that article appear below.

insideARM contacted frequent contributor, attorney John Rossman from the Minneapolis law firm of Moss & Barnett, for his thoughts on this decision. Rossman commented:

"The decision in Reyes is a game-changer for companies defending against the seemingly endless onslaught of "no actual damages" TCPA cases. Further, this case is yet another recent example of a Court injecting a much-needed common sense element into the assessment of the often ethereal claims asserted under consumer protection laws. The Court recognized that it makes no sense to allow a consumer, after receiving the benefit of a contract, to pick and choose contractual elements that he or she later decides are unfavorable. Our office intends to cite this case in motions to dismiss both under the TCPA and under certain State protection laws in a number of cases pending across the country." 

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