New opinion — a consumer procedural win, plus a new en banc grant

Leyse v. Bank of America — civil consumer — reversal — Fuentes

A consumer sued Bank of America, alleging that robo-calls used to market credit cards violated the Telephone Consumer Protection Act. (Who knew? A law bars any person from initiating any telephone call to residential phone using a prerecorded voice without prior consent or an exemption.) The district court dismissed, holding that the plaintiff lacked statutory standing because the call was meant for his roommate. Today, the Third Circuit reversed, holding that residents who receive the calls fall within the statute’s zone of interests.

Joining Fuentes were Sloviter and Roth. Arguing counsel were Todd Bank (whose website bills him as “The ‘Annoyance’ Lawyer”) for the consumer and former Asst. to the Solicitor General Joseph Palmore of Morrison & Foerster for the bank.


Also today, the Court granted en banc rehearing in NCAA v. Governor of NJ (vacated panel opinion here, my summary here). Senior-judge panel-members Rendell and Barry both will participate. [EDIT: Also of note, McKee, Chagares, and Shwartz are not participating]

Good coverage of the rehearing petition (quoting me — lucky for me he left out the part where I predicted rehearing would be denied!) by Zachary Zagger on is here.

An en banc argument pitting Paul Clement against Ted Olson? Gonna be a big day at the Jim Byrne.