2nd Circ. Tosses TCPA Suit Against Auto Financial Co.

Law360, New York (June 22, 2017, 7:10 PM EDT) -- The Second Circuit on Thursday affirmed the dismissal of a putative class action accusing Lincoln Automotive Financial Services of violating the Telephone Consumer Protection Act, saying the man suing the company consented to receive calls when he signed his car lease.

Despite disagreeing with a New York federal court that Alberto Reyes Jr. had not shown sufficient evidence he told the car company to stop making collections calls after he defaulted on his lease payments, the judges unanimously decided that Reyes couldn’t revoke his consent because the calls were part of the contract.

“Reyes’s consent to be contacted by telephone, however,...

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