Good News In Bad Reyes: Southern District of Florida Stays Case Pending FCC Rulemaking
Everyone in TCPAWorld is familiar with the two Reyes cases. In Good Reyes, the Second Circuit held that contractual consent cannot be revoked unilaterally. Which makes sense, because contracts are binding, and you can’t back out of contractual promises at will. But in Bad Reyes, the Southern District of Florida became one of the first courts to hold that the FCC’s 2003 and 2008 ATDS orders survived ACA International. See Reyes v. BCA Fin. Servs., Inc., 2018 U.S. Dist. LEXIS 80690 (S.D. Fla. May 14, 2018). So the name “Reyes” took on a whole new meaning in TCPAWorld.