Consumers Can Retract Autodial Permission, 3rd Circ. Says

Law360, New York (August 22, 2013, 6:02 PM EDT) -- Automated messages sent after a recipient withdraws consent to receive them are illegal under the Telephone Consumer Protection Act, the Third Circuit ruled Thursday, becoming the first federal appeals court to determine whether the statute provides so-called revocation rights.

In a precedential opinion, a unanimous panel ruled that the TCPA allows consumers to revoke their prior express consent to be contacted via an automated dialing system, reversing the dismissal of a proposed class action against Dell Financial Services LLC over debt collection calls.

The TCPA does...
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