The Eleventh Circuit Interprets Prior Express Consent Under The TCPA

In Osorio v. State Farm Bank, F.S.B., No. 13-10951, 2014 U.S. App. LEXIS 5709 (11th Cir. Mar. 28, 2014), the U.S. Court of Appeals for the Eleventh Circuit has provided some guidance on the parameters of "prior express consent" under the Telephone Consumer Protection Act ("TCPA").  In particular, the court held: (1) consent can be given on behalf of another person if an agency relationship exists and (2) a party may orally revoke consent.

In Osorio, Clara Betancourt provided the defendant State Farm Bank with plaintiff Fredy Osorio's cell number by listing it on a credit card application.  Betancourt and Osorio were not married, but were the parents of an adult son and shared a home and a cell-phone plan.  Later, Betancourt fell behind in her credit card payments.  In an effort to collect the debt, defendant began calling Osorio's cell number using an auto-dialer.