Appellate Spotlight: Eleventh Circuit Affirms Summary Judgment Win in TCPA Claim Filed by South Florida Debt Defense Attorney
Press Release | 1 min read
Dec 21, 2020
Hinshaw client Navient Solutions, LLC and Student Assistance Corp. recently had a summary judgment win upheld by the Eleventh Circuit in a Telephone Consumer Protection Act (TCPA) case. A South Florida debt defense attorney sued the companies over allegedly receiving calls to his cell phone. Hinshaw partners Barbara Fernandez and Dennis Lueck handled the case.
Evidence adduced in discovery established that during a call with a Navient representative the plaintiff had said "no" to autodialed calls, but shortly after submitted his written consent to receive such calls via Navient's website. Hinshaw's motion for summary judgment was granted on two grounds: first, Hinshaw's legal team argued that under the Second Circuit's opinion in Reyes v. Lincoln Automotive Financial Services, the plaintiff could not unilaterally revoke his contractual consent provided as part of a settlement agreement in a class action where he was a member and did not opt-out; second, our team argued that even if he could revoke his consent, he reconsented when he submitted his cell number and written consent on Navient's website.
The 11th Circuit did not rule on the Reyes issue but affirmed the trial court's finding that Plaintiff reconsented.
The ruling was given media coverage by Daily Business Review in a story titled "South Florida Attorney Thwarted by 'Fine Print' in Nuisance Call Suit" (subscription required). It was also given industry coverage by ACA International in a story titled "Consumer Consented to Cellphone Calls, Even if He Did Not Intend To Do So."
The case is Lucoff v. Navient Solutions, LLC, Case No: 19-13482.
Featured Insights

Press Release
May 20, 2026
Hinshaw Releases America 250 Book Exploring Insurance's Role in Building the United States

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 19, 2026
OCC's Final Escrow-Interest Preemption Rules Bolster the Second Circuit’s Cantero Decision

Webinar
May 19, 2026
Scott Seaman Speaks on Making Decisions in Difficult Risk Environments

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 14, 2026
Key Takeaways from the 2026 MBA Legal Issues and Regulatory Compliance Conference

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 14, 2026
SCOTUS Confirms: Federal Courts Retain Power to Affirm or Vacate an Arbitration Decision

In The News
May 13, 2026
Hinshaw Contributes Chapters to “Wrongful-Death and Survival Actions” IICLE Handbook

In The News
May 12, 2026
Hinshaw GC Steve Puiszis Discusses Protecting Attorney-Client Privilege in an AI Age

Event
May 12-13, 2026
Mitchel Chargo Speaks on the Rapidly Evolving Cannabis Industry

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 11, 2026
Tennessee Reaches Settlement with Mariner in Multistate UDAAP Enforcement Action

Press Release
May 11, 2026
Ali Degan Elected to the Fellows of the American Bar Foundation

Press Release
May 11, 2026
John Weedon Re-Elected to the Jacksonville Bar Association’s Board of Governors in 2026


