Third Circuit Holds That Consumers Can Withdraw Consent

In a case of first impression in the courts of appeal, the Third Circuit recently expanded the rights of consumers under the TCPA, holding that consumers may revoke their consent to be called on their wireless phones and that there is no time limitation on when they may do so. Gager v. Dell Financial Services, LLC, — F.3d –, 2013 WL 4463305 (3d Cir. Aug. 22, 2013).

The TCPA is silent on whether consumers have the right to revoke consent.  In a 1992 ruling, the FCC stated that autodialed calls to landline and wireless phones are lawful so long as the consumer has granted "permission to be called at the number which they have given, absent instructions to the contrary."  In the Matter of Rules & Regulations Implementing the Telephone Consumer Protection Act of 1991, 7 FCC Rcd. 8752, 8769, ¶ 31 (Oct. 16. 1992).  This ruling, however, did not explain whether such "instructions to the contrary" could be delivered after a consumer has expressly granted consent.  Before