Author Topic: Huge Blow to Consumers in 2nd Circuit  (Read 5032 times)

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Bruno the JDB Killer

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Re: Huge Blow to Consumers in 2nd Circuit
« Reply #60 on: July 01, 2017 06:08:56 PM »
I know what it says. Section B applies to anyone, but that does not change the fact that the law's original purpose was to stop telemarketing calls. Who says so? The FCC. Go argue with them.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.


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Re: Huge Blow to Consumers in 2nd Circuit
« Reply #61 on: January 27, 2018 05:15:54 PM »
And yes, this does set up a Circuit split.

As a matter of fact - the Third Circuit dealt with the same silly "argument" and roundly rejected it in Gager:

First, Dell asserts that basic principles of contract law should preclude Gager from revoking her prior express consent. In short, Dell posits that a creditor will want to know in advance whether a  credit applicant will consent to automated phone calls and that this knowledge is part of the “consideration” that the applicant offers in support of her application. Although Dell is correct that the level of contact that a debtor will consent to may be relevant to the negotiation of a line of credit, the ability to use an autodialing system to contact a debtor is plainly not an essential term to a credit agreement. More importantly, Dell's argument that its contractual relationship with Gager somehow waives her rights under the TCPA is incorrect. The fact that Gager entered into a contractual relationship with Dell did not exempt Dell from the TCPA's requirements. As discussed above, she retained the right to revoke her prior express consent.