Monday, July 3, 2017, 5:57 PM

Second Circuit: You Agreed to be Called When They Loaned You the Money, So Now Live With It

Posted by: Rebecca Jacobs
By: Rebecca Jacobs, Marty Stern and Doug Bonner


In a case of first impression, the Second Circuit recently ruled that the TCPA does not permit a consumer to unilaterally revoke bargained-for consent to be contacted by autodialer and pre-recorded voice calls on a mobile number provided in an auto lease agreement. The court found that such bargained-for consent, was outside the scope of the FCC’s 2015 TCPA Declaratory Ruling, which required that consent can be revoked at any time by any reasonable means, finding that the ruling only applies to "gratuitous" consent provided by the consumer, not consent that is part of a bargained-for agreement. Click here to read the full alert.

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