Is this a signal of more such things to come? Perhaps, as a second court – the Federal District Court in Maryland in Deborah Bradley v. DentalPlans.com et al – has ruled that “Congress has required only prior express consent“ to receive automated and prerecorded telemarketing calls under the Telephone Consumer Protection Act (TCPA). No prior express written consent was required.
Background Facts
Deborah Bradley signed up for a Cigna dental plan through a telephone call with DentalPlans.com. During the call she orally agreed to receive automated and prerecorded calls, ostensibly to “keep her updated with any plan information.” Later after indicating that she did not want the plan to auto-renew, she received prerecorded calls telling her that her membership would expire soon and she could renew her plan; she ignored those calls and her plan expired. However, she continued to receive “win back” prerecorded calls encouraging her to repurchase. There were 10 such post-expiration calls
