11th Circuit Rules That Consent Under TCPA Can Be Partially Revoked

The Eleventh Circuit ruled in Schweitzer v. Comenity Bank that a consumer can verbally revoke consent to be called on her cell phone using an automatic telephone dialing system "in the morning and during the work day." As a result, the district court improperly granted summary judgment to the bank because a jury could find the consumer had partially revoked her consent to be called "in the morning" and "during the work day" during a phone call from the defendant.

In this case, alleging more than 200 autodialed calls in violation of the Telephone Consumer Protection Act, the defendant bank argued the TCPA does not permit partial revocations of consent, contending that "the only effective revocations are unequivocal requests for no further communications whatsoever." The Eleventh Circuit disagreed.