I tired to look but I did not get very far. Does anyone know the case law that says just calling them from a number does not equal consent?
The argument they will make is that you waived that issue by accepting the terms of the contract, which you were supposed to read. Under the law, parties to an agreement can waive a known right. Here is some case law from my state. Other states may have similar.
Waiver involves an intentional relinquishment of a known right. . . . There cannot be a finding of waiver unless the party has both knowledge of the existence of the right and intention to relinquish it. . . . Waiver may be inferred from the circumstances if it is reasonable so to do. . . . Whether conduct constitutes a waiver is a question of fact. (Internal quotation marks omitted.) Cassella v. Kleffke, 38 Conn. App. 340, 347,660 A.2d 378, cert. denied, 235 Conn. 905, 665 A.2d899 (1995). The issue of waiver is a question of fact, dependent on all of the surrounding circumstances and the testimony of the parties. See Frantz v. Romaine,93 Conn. App. 385, 39697, 889 A.2d 865, cert. denied,277 Conn. 932, 896 A.2d 100 (2006).