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Eleventh Circuit Affirms that Waiting Too Long to Raise an Arbitration Agreement’s Delegation Clause Waives the Right to Have the Arbitrator Decide Issues of Arbitrability

On June 23, 2014 by Schnader in Finance

By Christopher Reese The United States Court of Appeals for the Eleventh Circuit recently confirmed that waiting too long to raise an arbitration agreement’s delegation clause waives the right to ask the court to send threshold questions of arbitrability to the arbitrator for resolution. In Johnson v. KeyBank National Association, David […]

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If you think you have consent to autodial a cell phone, you may need to think again

On June 9, 2014 by Schnader in Finance

By Stephen J. Shapiro The Telephone Consumer Protection Act (TCPA) prohibits the use of automated dialing systems to call cell phones without the consent of the “called party.” Therefore, creditors often request and receive consent from debtors to autodial their cell phones. A recent case out of the Eleventh Circuit, though, […]

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In a TCPA case, Eleventh Circuit addresses who may give consent, how consent may be revoked and whether a charge is required

On April 1, 2014 by Schnader in Finance

By Stephen J. Shapiro The Telephone Consumer Protection Act (TCPA) provides, in relevant part, that “[i]t shall be unlawful for any person . . . to make any call (other than a call made . . . with the prior express consent of the called party) using any automatic telephone dialing […]

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