Third Circuit Holds That Consumers Can Withdraw Consent

In a case of first impression in the courts of appeal, the Third Circuit recently expanded the rights of consumers under the TCPA, holding that consumers may revoke their consent to be called on their wireless phones and that there is no time limitation on when they may do so. Gager v. Dell Financial Services, LLC, — F.3d –, 2013 WL 4463305 (3d Cir. Aug. 22, 2013).

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Seventh Circuit: Facsimiles Feigning to Be Newsletters Are Still Advertisements under the TCPA

In its recent decision in Holtzman v. Turza, No. 11-3188, 2013 WL 4506176 (7th Cir. Aug. 26, 2013), the Seventh Circuit held that unsolicited advertisements, even those presented in the guise of a newsletter providing advice, violate the TCPA.

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T-Minus 3, 2, 1…


If you are reading this post, chances are you already know a lot about the TCPA.  You don’t need to be told that it stands for “Telephone Consumer Protection Act.”  Or that it restricts certain telemarketing calls, texts and faxes by a labyrinthine mosaic of statutory provisions and FCC regulations.  Or that its ambiguities and statutory damages have made it a hotbed of litigation, particularly class action litigation.  Or that the courts are struggling to bring some sense and clarity to the entire regime, while defendants experience an almost hydraulic pressure to settle cases involving even the most innocent, hyper-technical violations.  You already know all of that.  And, you probably also know that there will be a major development in the law tomorrow, when the FCC’s new telemarketing rules requiring written consent finally take effect.  For a summary of the new rules, see our post here.

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