In Davis v. Rockloans Marketplace, LLC dba Rocket Loans, No. 23CV0134 DMS (BLM), 2023 WL 6378067, at *2 (S.D. Cal. Sept. 28, 2023), Judge Sabraw hoisted a ‘revocation’ letter on its own petard on the basis that there would have been no basis to revoke if consent already had not been given.
Specifically, Plaintiff does not deny that she gave Defendant her cellular telephone number when she applied for and received her loan from Defendant. Indeed, there would have been no reason for Plaintiff to revoke her consent to receive calls from Defendant had she not previously provided her number to Defendant.