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Expert Analysis

TCPA Express Consent Can Be Revoked At Any Time

Law360, New York (August 28, 2013, 1:19 PM EDT) -- The Telephone Consumer Protection Act[1] outlaws calls to a cell phone[2] using any automatic dialing system or an artificial or prerecorded voice made without the prior express consent of the called party.[3] In the recent Gager v. Dell Financial Services LLC decision, the U.S. Court of Appeals for the Third Circuit ruled express consent to be called can be revoked at any time. In so deciding, the court rejected a defense many creditors and debt collectors often assert: Once a debtor provides his cell phone number to you, you may call him at that number using an autodialer or prerecorded messaging for as long as the debt is owing....

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