As I suggested if you read back through the posts you might have a better handle on the conversation before you jump in. I am not picking on you specifically so don't take direct offense. There seems to be a lot of erroneous info on this thread.
1st, I've tried to find a lawyer in my state who will take the case. However the two lawyers in my area who do TCPA cases have both declined the case for the same reason. They do not believe I have the ability to revoke consent to an auto dialer. As I implied in my last statement to you, if you read back through the history you'll see that I mentioned that not only in this thread but others as well. Nothing would please me more than to hand this over to an attorney but as I have repeatedly pointed out they do not believe I have a case due to the question of if I can revoke consent.
2nd, Attorneys while useless wastes of space do have some experience in these matters. They have vastly more experience than you or I have when it comes to the law. In point of fact I actually have a legal background but I am not a lawyer and do not have experience in this particular area of the law. So I tend to defer to their judgment. I am willing to give it a go given all the "evidence to the contrary" here on Debtor Boards. As I have said before, if it looks like I am going to lose I just file for bankruptcy. Given that I have yet to have uncovered a case that closely matches the particulars of mine I do want to make sure I do it right because if I lose it ruins it for all of us.
3rd, Many people here think they won because they have a case. Often this is purely a financial decision on the part of the creditor. Not because they have a strong case.
I asked repeatedly for a answer to my question. What I got back repeatedly (With one exception, thanks KM) was "So and So thinks its ok to do this" but so and so didn't back up his/her opinion with any concrete evidence. That's not going to work for me. I am looking for something, anything which clearly states that a debtor can revoke consent. Everything I've seen so far says otherwise.
At the end of the day it is my neck on the line. I am not going to go into a fight without all the proper tools. We here on Debtor boards are already handicapped by our Pro Se status and lack of legal representation. Judges HATE Pro Se litigants. So we've already got one hand tied behind our backs. Add to it not having a good grasp of the law and process will really make life difficult playing a game where the rules are not only unknown to you but also stacked against you. Further I need to educate a judge on the TCPA. That is going to take some work. I want to have all those answers in hand before I start the education process. "Can I revoke consent" seems to be a logical question the judge (or anyone else) might ask.
I've reviewed the document you suggested and nowhere in it does it say anything about the ability for a established business relationship to be revoked before the contractual agreement is completed. In point of fact it seems to imply the opposite which does allow the creditor to contact the consumer. I had hoped to find evidence to the contrary but alas I have not. Thankfully this case was overturned due to jurisdiction so the "Jury" is still out as it were.
Someone posted earlier " It is not a difficult argument to make that if express consent can be given, it can be taken away. To say otherwise would be absurd and lead to absurd legal conclusions; the law eschews absurdity" In theory I agree, however in my (granted limited) experience this is not the case. While it makes sense that I can revoke consent it does not make sense that I can do so before the contract is completed.
Someone else " I don't think you need much of an argument on withdrawing any "alleged" permission. I would use everyday examples. I know it is court, but a common sense approach could still be used. What possible legitimate argument could somebody make that a person cannot withdraw permission for somebody calling them. " A logical argument would be that Debtor agreed to let creditor call until debtor paid off owed amount. Since debtor has not paid off the amount owed, Creditor can call as often as creditor wants until the debt is paid off. That is a simple statement to an agreed contract. I agreed to borrow X amount, therefore until I pay back X amount you can still call. Same thing as collateral. If I agree to borrow X amount and put my car up as collateral, you can keep the car until I pay off the debt. To use the cited example would suggest, that I could get the car back before I complete my contract.
Further someone else suggested "The EBR exemption does not apply to cell phones". I challenge that poster to support this claim. You cannot pick and choose which part of the law applies here. As I read the law nowhere does it create an exemption for Cell Phones and an established business relationship".
Same poster also says I "kept asking for specific authority on the ability to revoke consent, and it was right there in front on you in the 2008 Declaratory Ruling". I must be reading a different ruling because I can find nothing in it which says I can revoke consent. I challenge said poster to point out the "Obvious" that I am missing. Nothing would please me more to be wrong here as it is the smoking gun in my case.
So lets make sure we are all on the same page here. I am trying to file suit for violations of the TCPA for using a auto dialer to call a debtors cell phone.
There are many cases where people have successfully sued for junk faxes. I have been provided many examples where this is the case. There are not many cases for which someone has successfully sued for a creditor calling a cell phone in violation of the TCPA. With what has been provided to date I would have to undergo a significant education effort for the judge presiding over my case. I would prefer not to do so.
So now in summary just in case anyone didn't understand the above
Don't have a lawyer willing to take the case, must file "Pro Se". As a "Pro Se" litigant going in to court I want to have all the best ammo at my disposal to fight this. I am looking for cases which a individual has successfully sued for a creditor calling a cell phone in violation of the TCPA. Not one that has settled without a verdict, and not one suing over junk faxes. I am looking for one where the ability to revoke consent is clearly spelled out. If that exists it would be in the best interest of all here on Debtorboards to post a link.