Court Rules TCPA Consent Cannot Be Transferred

On September 19, 2024, Judge Lorna G. Schofield, District Judge for the United States District Court for the Southern District of New York, issued an informative TCPA consent-related decision in Watson v. Manhattan Luxury Vehicles, Inc. Plaintiffs sued Manhattan Luxury Vehicles ("Defendant") for allegedly violating the Automatic Telephone Dialing System ("ATDS") and Do Not Call ("DNC") provisions of the Telephone Consumer Protection Act ("TCPA"). The TCPA was signed into law in 1991 to restrict certain telephone calls delivered to United States consumers. As our readers may recall, the National Do Not Call registry was enacted by the federal government under the authority granted to it by the TCPA. Generally, companies are prohibited from placing certain telemarketing calls to consumers who have: 1) registered their telephone numbers on the National Do Not Call list; and 2) not otherwise provided TCPA consent.