Does 'Consent' Survive Cellphone Number Recycling?

Law360, New York (July 29, 2014, 9:05 PM EDT) -- Continuing the steady stream of class actions filed under the Telephone Consumer Protection Act, plaintiffs recently filed an action against Twitter in the Northern District of California for allegedly sending automated text messages to subscribers with "recycled" telephone numbers absent their consent. See Nunes v. Twitter Inc., No. 14-02843 (N.D. Cal. 2014).

In recent years, plaintiffs' lawyers have attempted, often unsuccessfully, to bring actions hinged on narrowing the concept of "consent" as an affirmative defense to TCPA claims. As evidenced by decisions like Emanuel v. Los Angeles Lakers Inc., No. 12-9936 (C.D. Cal. 2013), in which Twitter filed an effective amicus...

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