Category Archives: Telephone Consumer Protection Act

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More TCPA Lawsuits Coming: Express Consent Can Be Revoked at Any Time

Express consent to be called using an autodialer can be revoked at any time, says the U.S. Court of Appeals for the Third Circuit. On August 22, 2013, in Gager v. Dell Financial Services, LLC, the Court attacked a common understanding of the Telephone Consumer Protection Act among many creditors and debt collectors: Once a … Continue reading this entry

Judge Scola Strikes Again: Rejects Traditional Standard for Express Consent Under TCPA

A little over a month after deciding Mais v. Golf Coast Collections Bureau, Inc., Judge Robert Scola has again ruled that the FCC’s 20 year old order regarding express consent under the Telephone Consumer Protection Act has no statutory support. The TCPA prohibits calling a person cellular telephone using an autodialer or leaving an artificial or prerecorded … Continue reading this entry

No TCPA Express Consent When Instructions to the Contrary are Provided

The Federal Communications Commission has long held that a person who knowingly releases his telephone number to a person or entity has in effect given his permission to be called at that number unless he provides “instructions to the contrary.” In a recent case involving Papa John’s Pizza, the U.S. District Court for the Eastern District … Continue reading this entry

Florida Judge Rejects Long Standing, Accepted Definition of Express Consent Under Telephone Consumer Protection Act

On May 8, 2013 Florida Judge Robert Scola, Jr. rejected the Federal Communications Commission longstanding definition of express consent. In Mais v. Gulf Coast Collection Bureau, plaintiff Mark Mais went to the emergency room at the Westside Regional Hospital in Broward County, Florida for treatment. His wife completed the admission paperwork and provided his cell … Continue reading this entry

What Constitutes "Express Consent" Under the Telephone Consumer Protection Act

The Seventh Circuit Court of Appeals may soon clarify what constitutes express consent under the Telephone Consumer Protection Act (TCPA). U.S. District Court Judge John J. Tharp, Jr. has certified an interlocutory appeal on the question of whether providing another with your cell phone amounts to consent to being “robocalled” on that number. In Melissa … Continue reading this entry