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HOW TO PLEAD CONSENT: Court Says “Plaintiffs Must Do More Than Merely Assert That They Did Not Consent To The Tracking Devices.”
A federal court in California dismissed all nine claims in a privacy class action against Adobe, ruling that plaintiffs cannot establish lack of consent by merely asserting they never gave it. The decision establishes critical pleading standards for consent in tracking device cases, requiring plaintiffs to allege specific facts about what they saw on websites and why disclosures failed, rather than simply denying consent occurred.
United States Privacy
Troutman Amin LLP
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ANOTHER MISS: Medicare Health Advisors Loses Summary Judgment Bid As Court Rejects “Hearsay” Jornaya Record After Defense Lawyers Wholly Fail To Authenticate Records In TCPA Class Action (Video)
A federal court in Iowa denied summary judgment to Medicare Health Advisors after defense counsel failed to properly authenticate Jornaya lead records and establish hearsay exceptions in a TCPA class action. The ruling highlights critical procedural mistakes in presenting consent evidence and reveals how improper handling of third-party verification records can transform a potential defense victory into millions of dollars in litigation exposure.
United States Litigation
Troutman Amin LLP
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