Author Topic: Where in the TCPA does it say you can revoke express consent?  (Read 1497 times)

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debtcat

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Which part of the TCPA does it say you can revoke express consent?

Thanks
Not a lawyer.   Anything I say is not legal advice.

VRSL

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Re: Where in the TCPA does it say you can revoke express consent?
« Reply #1 on: August 20, 2010 05:48:43 AM »
To be honest with you, I'm not sure if the TCPA says specifically that you can revoke consent, but it does say that for them to call your cell phone with a recording or automated dialer, they must have "prior express consent."

It stands to reason that if you tell a debt collector to stop calling, then they no longer have that express consent.

chester474

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Re: Where in the TCPA does it say you can revoke express consent?
« Reply #2 on: July 30, 2017 05:49:35 AM »
Consumers have a right to revoke consent, using any reasonable method including orally or in writing. Consumers generally may revoke, for example, by way of a consumer-initiated call, directly in response to a call initiated or made by a caller, or at an in-store bill payment location, among other possibilities....We conclude that callers may not abridge a consumer's right to revoke consent to use any reasonable method. In re Rules and Regulations Implementing the Tel. Consumer Prot. Act of 1991 [2], CG Docket No. 02-278, WC Docket No. 07-135, ___ F.C.C. ___, 2015 WL 4387780, 64 (July 10, 2015), available at www.fcc.gov.

This FCC 2015 pronouncement followed on the heels of a similar conclusion by the Third Circuit. Gager v. Dell Fin. Servs., L.L.C., 727 F.3d 265 (3d Cir. 2013), rev'g. Gager v. Dell Fin. Servs., 2012 WL 1942079 (M.D. Pa. May 29, 2012).

The Eleventh Circuit and subsequent lower court decisions have followed the Third Circuit. Osirio v. State Farm Bank, 746 F.3d 1242 (11th Cir. 2014) and Conklin v. Wells Fargo Bank, 2013 WL 6409731 (N.D. Fla. Dec. 9, 2013) and Munro v. King Broad Co., 2013 WL 6185233 (W. D. Wash. Nov. 26, 2013).

The FCC's declaratory ruling makes clear that any statement in which "the called party clearly expresses his or her desire not to receive further calls" is sufficient to show revocation. It also clarifies the fact that it may be oral.

aaabbb

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Re: Where in the TCPA does it say you can revoke express consent?
« Reply #3 on: July 30, 2017 07:07:13 AM »
Which part of the TCPA does it say you can revoke express consent?

Thanks
It doesn't. However, numerous court cases and FCC rulings, as well as the definition of "consent" itself, make it clear that consent can be revoked.

HarryC

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Re: Where in the TCPA does it say you can revoke express consent?
« Reply #4 on: July 30, 2017 11:55:29 AM »
The trouble is, unless you are (legally) recording the encounter, It is difficult to prove that you orally revoked your consent.
I'm not a lawyer and I'm not even very smart.  You'd be well advised not to listen to anything I have to say.

kevinmanheim

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Re: Where in the TCPA does it say you can revoke express consent?
« Reply #5 on: July 30, 2017 01:56:16 PM »
I've found text messages to be very helpful in proving my intent at a specific place in time.

When something happens, I memorialize what happened in a text message sent to myself.

It cannot be edited, and stands a solid evidence of what happened to me on a specific time and date.

"Just received a call from Armenian Express. Recording asked me to hold. Operator came on the line. I told her to stop calling my number."

Arbitrator was impressed with a similar text message sent to myself.

backpack

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Re: Where in the TCPA does it say you can revoke express consent?
« Reply #6 on: July 30, 2017 07:41:03 PM »
+1

lolol re. Armenian :vbrolleyes:

chester474

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Re: Where in the TCPA does it say you can revoke express consent?
« Reply #7 on: July 31, 2017 03:22:26 AM »
I'm not worried about having to "prove" anything oral. If it comes to an actual trail of a TCPA case and it's your word against the word of the debt collector, who is the jury going to believe? If you are pro se you have only your time to lose - the other side is spending money on attorneys. If they want to gamble, let them. I always settle. The threat that the jury will believe you is leverage for you and helps in settlement. Don't give up so easily.

kevinmanheim

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Re: Where in the TCPA does it say you can revoke express consent?
« Reply #8 on: August 02, 2017 11:11:28 AM »
I'm not worried about having to "prove" anything oral. If it comes to an actual trail of a TCPA case and it's your word against the word of the debt collector, who is the jury going to believe?
You won't get to a jury without solid evidence.

Your opponent will win on a motion to dismiss, which a judge will grant.

You need more than your word against their word to survive a MTD.

Keep good records.

Bruno the JDB Killer

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Re: Where in the TCPA does it say you can revoke express consent?
« Reply #9 on: August 02, 2017 11:50:45 AM »
I just noticed, we're responding to a seven year old thread. I don't even know who we're helping here.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

kevinmanheim

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Re: Where in the TCPA does it say you can revoke express consent?
« Reply #10 on: August 03, 2017 09:17:12 AM »
Much has happened in seven years. TCPA litigation has evolved. Businesses have learned to fight back against claims, and to protect themselves by obtaining required consent.

Proof of revocation of consent is crucial to winning a TCPA case against an OC or debt collector. In most cases, the plaintiff has provided consent at some point. I wouldn't file a TCPA claim against an OC or collector unless I had solid evidence of consent revocation. I would always assume that the OC or collector is prepared to show proof of consent.

 

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