In Osorio v. State Farm Bank, F.S.B.--- F.3d ----, 2014 WL 1258023 (11th Cir. 2014), the Court of Appeals for the 11th Circuit reversed the district court's finding that State Farm did not violate the TCPA when it called its credit card holder on a cell phone that she shared with her housemate. This is a consumer-protection case arising from… Read More
In Steinhoff v. Star Tribune Media Co., LLC, 2014 WL 1207804 (D.Minn. 2014), Judge Nelson found that Plaintiff had consented to receive calls on her cellular telephone. The parties dispute whether the third element of a TCPA claim is met.FN2 Defendant argues that Plaintiff gave her prior express consent to receive autodialed calls to her cellular number because she disclosed… Read More
In Hitchman v. National Enterprise Systems, Inc., 2014 WL 912363 (S.D.Fla. 2014), Judge Marra denied cross-motions for summary judgment due to a factual question of whether the Plaintiff orally revoked consent to receive autodialed calls on her cellular telephone. The TCPA is silent on whether a consumer may revoke previously-granted consent to receive calls on her cellular telephone. It is… Read More
In Kolinek v. Walgreen Co., 2014 WL 518174 (N.D.Ill. 2014), Judge Kennelly granted a drug store's motion to dismiss a TCPA claim. The Plaintiff claimed that he received autodialed calls on his cellular telephone reminding him of his prescription, to which he did not consent. Judge Kennelly disagreed, and granted the pharmacy's motion to dismiss. “[P]rior express consent” under the TCPA is… Read More
In Legg v. Voice Media Group, Inc., --- F.Supp.2d ----, 2014 WL 29594 (S.D.Fla. 2014), Judge Cohn found that a TCPA Plaintiff adequately pleaded use of an autodialer as well as that the Plaintiff could and did revoke consent to receive text messages. This putative class action arose from the allegedly improper transmission of text messages by Defendant Voice Media… Read More
In Munro v. King Broadcasting Co., 2013 WL 6185233 (W.D.Wash. 2013), Judge Robart held that a consumer can revoke previously provided consent to receive text messages under the TCPA. As King points out, the TCPA is silent on whether a consumer may revoke previously-granted consent to receive text messages. (Mot. at 4.) It is clear under the statute that damages… Read More
In Bresko v. M & T Bank Corp., 2013 WL 5328241 (M.D.Fla. 2013), Judge Moody rejected the argument that efforts to revoke consent under the TCPA is not evidence that the consumer gave express consent in the first place. The Plaintiff alleged that M & T Bank Corporation (“M & T”) called her mobile cell phone to make collection calls… Read More
In Gager v. Dell Financial Services, LLC, --- F.3d ----, 2013 WL 4463305 (2013), the Court of Appeals for the Third Circuit held that the TCPA permits a consumer to revoke consent to be called by an autodialer on their cellphones. Dell's principal argument is that the TCPA's silence as to whether a consumer may revoke her prior express consent… Read More
In Carlson v. Nevada Eye Care Professionals, 2013 WL 2319143 (D.Nev. 2013), Judge Jones denied a defendant’s Summary Judgment Motion brought on the basis that the Plaintiff had consented to receive the text messages sent by the Defendant. Plaintiff and class representative Mia Carlson, f.k.a. Mia Shaughnessy, received the following text massage on her cell phone on December 5, 2012: … Read More
Cases Holding that TCPA Does Not Allow Revocation of Consent In Saunders v. NCO Financial Systems, Inc., 2012 WL 6644278 (E.D.N.Y. 2012), Judge Cogan held that when Plaintiff gave his cellular telephone number to incur the debt (for PACER services of all things), Plaintiff consented to be called on his cellular telephone under the TCPA and that such consent could… Read More
In Saunders v. NCO Financial Systems, Inc., here, Judge Cogan held that when Plaintiff gave his cellular telephone number to incur the debt (for PACER services of all things), Plaintiff consented to be called on his cellular telephone under the TCPA and that such consent could not be revoked. Read More
In Brook v. Suncoast Schools, FCU, 2012 WL 6059199 (M.D.Fla. 2012), Judge Hernandez-Covington suggests that revocation of consent under the TCPA is ineffective unless given in writing, but allowed the Complaint to stand. Suncoast further argues that, although the Cardosos have alleged that Suncoast “made multiple collection calls to [the Cardosos'] personal cell phone utilizing an automatic telephone dialing system… Read More
On November 29, 2012, the FCC issued a Declaratory Ruling that sending a one-time confirmatory text message within five minutes of receipt of a consumer's request that no further text messages be sent does not violate the TCPA or the FCC's rules as long as the sender had prior express consent to send text messages using an automatic telephone dialing system. The FCC… Read More
In Gager v. Dell Financial Services, LLC 2012 WL 1942079 (M.D.Pa. 2012), Judge Mariani found irrelevant the whole debate over whether the TCPA requires revocation of consent to be called on a cellular telephone to be in writing or not. Judge Mariani instead found that nothing in the TCPA allows consent, once given, to be revoked by the consumer. Instead,… Read More
In Osorio v. State Farm Bank, F.S.B.--- F.Supp.2d ----, 2012 WL 1671780 (S.D.Fla. 2012), Judge Middlebrooks found that the debtor's consent to be called on her cell phone transferred to her co-habitating significant other, so as to eliminate liability under the TCPA. Applying the regulations promulgated by the FCC, Betancourt unequivocally provided her express consent that State Farm could call 8626… Read More
In Shupe v. JPMorgan Chase Bank of Arizona, 2012 WL 1344786 (D.Ariz. 2012), Judge Collins held that plaintiffs stated a claim under the TCPA.Judge Collins found that the consumers revoked the “Established Business Relationship” under the TCPA which otherwise permitted auto-dialed calls to their residential telephone number. The FCC has unequivocally stated that calls made solely for the purpose… Read More
In Frausto v. IC System, Inc., 2011 WL 3704249 (N.D.Ill. 2011), Judge Zagel held that a debt collector was entitled to rely on the ‘consent’ obtained by the original creditor to call a consumer on his cellular telephone under the TCPA. The dispositive issue here is the application of the “prior express consent” defense to the facts of this case.… Read More
