Under what circumstances does a person give his “prior express consent” to be contacted on his cellphone by a creditor? The Sixth Circuit recently examined that very question in Hill v. Homeward Residential, Inc., where it determined that consent exists if the debtor gives a cellphone in connection with an existing debt and that
Court Rules In Favor Of Restaurant, Finding That New York City Patrons Were Not Deceived By A Disclosed Gratuity Or By The Omission Of Beverage Prices From The Menu
By Gerald L. Maatman, Jr. and Gina R. Merrill
A customer filed a class action lawsuit this past year against the owner of several well-known restaurants in Manhattan based on two novel theories. First, he alleged that any restaurant that added an “automatic” gratuity to the bill ‒ even when that gratuity was plainly disclosed