Telephone Consumer Protection Act Update: Second Circuit Rules Plaintiff Could Not Revoke Consent

Keywords: Telephone Consumer Protection Act, TCPA, Federal Communications Commission, FCC,

On June 22, 2017, the US Court of Appeals for the Second Circuit—addressing what the court characterized as an issue of first impression for the federal circuit courts—held that the Telephone Consumer Protection Act ("TCPA") does not permit consumers to revoke their consent to receive calls on their cell phones if they are parties to contracts in which their consent formed part of the bargained-for exchange.

The TCPA prohibits the use of autodialing technology and prerecorded messages to place calls to cell phones without the prior express consent of the called party. In Reyes v. Lincoln Automotive Financial Services, the plaintiff had entered into an auto lease that was financed by the defendant and that expressly permitted the defendant to contact him on his cell phone by any means. When he stopped making required payments, the plaintiff claimed that the defendant violated