On Friday, July 10, 2015, the Federal Communications Commission (FCC) issued an omnibus, Declaratory Ruling and Order (FCC Ruling) seeking to clarify certain ambiguities in the Telephone Consumer Protection Act (TCPA). The TCPA was enacted in 1991 with the purpose of protecting consumers’ privacy rights against unwanted robocalls.
Background
Briefly, an individual is liable under
The United States District Court for the Central District of California recently ruled in Shaya Baird v. Sabre Inc., that a consumer who voluntarily provides a phone number in the process of completing a transaction thereby gives express consent for purposes of the consent defense to the Telephone Consumer Protection Act (“TCPA”). NO.2:13-cv-00999-SVW-JRP, 2014
The Third Circuit recently ruled in Gager v. Dell Financial Servs., LLC that a consumer may revoke her prior express consent to be called on a cellular phone and that no time frame exists in which the revocation must be made. No. 12-2823, 2013 U.S. App. LEXIS 17579 (3d Cir. Aug. 22, 2013). Prior to