Articles Posted in US Court of Appeals for the Second Circuit

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Plaintiff filed suit against Lincoln, alleging violations of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227. The Second Circuit affirmed the district court's grant of summary judgment for Lincoln, holding that plaintiff did introduce sufficient evidence from which a jury could conclude that he revoked his consent, but that the TCPA does not permit a consumer to revoke its consent to be called when that consent forms part of a bargained‐for exchange. In this case, plaintiff's consent was not provided gratuitously, it was included as an express provision of a contract to lease an automobile from Lincoln. View "Reyes v. Lincoln Automotive Financial Services" on Justia Law

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Plaintiff filed a putative class action alleging that grocery stores in New York operated by Whole Foods systematically overstated the weights of pre‐packaged food products and overcharged customers as a result.  The district court dismissed the complaint based on plaintiff's lack of Article III standing. The Second Circuit vacated and remanded, holding that the district court did not draw all reasonable inferences in plaintiff's favor. In this case, plaintiff plausibly alleged a nontrivial economic injury sufficient to support standing. According to the DCA's investigation, Whole Foods packages of cheese and cupcakes were systematically and routinely mislabeled and overpriced, and plaintiff regularly purchased Whole Foods packages of cheese and cupcakes throughout the relevant period. Therefore, the complaint satisfied the low threshold required to plead injury in fact. View "John v. Whole Foods Market Group" on Justia Law