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Brian Hays

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Brian focuses on defending clients in high-stakes class action litigation, representing insurance companies, financial institutions, and national corporations. His practice encompasses claims under federal and state antitrust laws, RICO, the Telephone Consumer Protection Act (TCPA), breach of contracts/insurance policies, and other consumer protection statutes. Brian has extensive experience in both state and federal courts, including bench and jury trials, and regularly appears in courts nationwide.

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In Bradford v. Sovereign Pest Control of Texas, Inc., the U.S. Court of Appeals for the Fifth Circuit held that the Telephone Consumer Protection Act (TCPA) does not require “prior express written consent” for telemarketing calls that use artificial or pre-recorded voice messages. Instead, the court concluded that the TCPA requires only “prior express consent,” which may be provided orally or in writing.Read More Fifth Circuit Holds TCPA Does Not Require Prior Express Written Consent for Telemarketing Calls

On January 13, the U.S. Court of Appeals for the Ninth Circuit issued a decision in Howard v. Republican National Committee (RNC) offering two important interpretations of the applicability of the Telephone Consumer Protection Act (TCPA) to certain text message communications:Read More Ninth Circuit Holds that Texts Are “Calls” Under the TCPA But Embedded Videos Are Not Recorded Messages