Third Circuit Rules that Consumers Can Revoke Express Consent Under the TCPA

Gager v. Dell Financial Services LLC, 3rd U.S. Circuit Court of Appeals, No. 12-2823

The 3rd Circuit handed down a ruling in favor of a Pennsylvania woman who was called 40 times by Dell after she sent Dell a letter requesting that its automated calls stop. She had originally filed papers in 2007 allowing the calls. Her letter asking that the calls stop was sent to Dell in 2010, but the calls continued. While the court ruled that Dell could still call her regarding her delinquent account, it would not be able to use its automated dialing system to do so.  The court found that the TCPA provides consumers with the right to revoke their prior express consent to be contacted on cellular phones by autodialing systems.

Source: Jonathan Stemple, Federal court: Consumers can prevent robocalls, NBC NEWS (August 22, 2013) http://www.nbcnews.com/business/federal-court-consumers-can-prevent-robocalls-6C10981035.