Consumer Finance Litigation

In Latner v. Mt. Sinai Health System, Inc., ___ F.3d ___, 2018 WL 265085 (2d Cir. 2018), the Second Circuit recently held that a single flu shot reminder text does not violate the TCPA when a patient gives prior express consent to be contacted.

David Latner ("Latner") filed a putative class action against Mt. Sinai Health System, Inc. ("Mt. Sinai") and West Park Medical Group, P.C. ("WPMG") alleging that defendants violated § 227(b)(1)(A)(iii) of the TCPA by sending him a single flu shot reminder text. Defendants moved for judgment on the pleadings, and the district court granted their ...