Second Circuit Holds That the TCPA Does Not Allow a Consumer to Unilaterally Revoke Consent to Be Called That Is Part of an Executed Contract

Second Circuit Holds That the TCPA Does Not Allow a Consumer to Unilaterally Revoke Consent to Be Called That Is Part of an Executed Contract

Sep 06, 2017

Client Alert

Brownstein Client Alert, September 6, 2017

In Reyes v. Lincoln Automotive Financial Services, the Second Circuit was asked to address whether the Telephone Consumer Protection Act (“TCPA”) “permits a consumer to unilaterally revoke his or her consent to be contacted by telephone when that consent is given, not gratuitously, but as bargained-for consideration in a bilateral contract.” 861 F.3d 51 (2d Cir. 2017). The court held the TCPA does not allow revocation of consent in these narrow circumstances.

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