2nd Circ. Ruling Offers Way Out Of TCPA Litigation Jungle
Law360, New York (June 23, 2017, 10:12 PM EDT) -- The Second Circuit ruled Thursday that the Telephone Consumer Protection Act doesn't allow consumers who consent to receiving calls as part of a contract agreement to revoke that permission, handing a major win to businesses in their efforts to quell a popular accusation that has fanned the rush of TCPA litigation in recent years.
While the three-judge appellate panel agreed with plaintiff Alberto Reyes Jr. that there was sufficient evidence that he had told Lincoln Automotive Financial Services to stop making collection calls after he defaulted on his lease payments, the judges ultimately decided that his request was a nonfactor because...
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