Courts Rein In TCPA 'Revocation Of Consent' Claims

Law360, New York (July 19, 2017, 11:24 AM EDT) -- Nearly two years ago — in a deeply divided decision that prompted two blistering dissents and a nearly immediate appeal on a host of issues — the Federal Communications Commission found that consent to be called can be revoked through “any reasonable method” that, based on “the totality of the facts and circumstances,” expresses “a desire not to receive further messages.” In re Rules & Regulations Implementing the Telephone Consumer Protection Act of 1991, 30 FCC Rcd. 7961, 7996 & n.233 (2015).

In his dissent, current Chairman Ajit Pai predicted that the then-majority’s ruling would make TCPA compliance impossible and TCPA...

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