Tag Archives: Telephone Consumer Protection Act

Down but Not Out: Second Circuit Breathes New Life Into the Use of TCPA Consent Clauses

Recently, the United States Court of Appeals for the Second Circuit affirmed the district court’s finding in Reyes v. Lincoln Automotive Financial Services that a customer could not revoke prior express consent for purposes of the Telephone Consumer Protection Act (“TCPA”) if that consent was provided as consideration in a binding contract. In a ruling … Continue Reading

Appeal of FCC’s TCPA Order May Provide Clarity to Affected Businesses

Last month, the U.S. Court of Appeals for the D.C. Circuit heard oral argument in ACA International v. FCC, the appeal of the Federal Communication Commission’s July 2015 declaratory order interpreting the Telephone Consumer Protection Act. The D.C. Circuit may soon clarify the TCPA’s restrictions on automated telephone dialing, a result many affected businesses throughout the country would welcome.… Continue Reading
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