Has What Constitutes TCPA Consent Just Changed?!

The telemarketing industry was rocked this week by a Telephone Consumer Protection Act ("TCPA") decision out of the United States Court of Appeals for the Fifth Circuit. Long held assumptions for what the applicable TCPA consent standards are may have been turned on their head.

What was the Fifth Circuit's TCPA Consent Ruling?

At issue in the underlying lawsuit was whether prerecorded calls made to the plaintiff violated the TCPA. It seems that the Plaintiff had provided his cell phone number to the Defendant when he entered into a service plan agreement. He claimed that he only provided his cell phone number so that the Defendant could contact him with appointment reminders. In his complaint before the Court, he complained that the marketing messages that he subsequently received were sent to him without his prior express written consent.