TCPA Litigation - Revocation Of Consent Is Tantamount To Never Having Provided Consent [telecom]

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- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - By David O. Klein

On November 8, 2018, Plaintiff John Geraci ("Geraci") commenced a Telephone Consumer Protection Act ("TCPA") lawsuit in the United States District Court of New Jersey. The named defendant in the TCPA litigation is Red Robin International ("Red Robin"), which operates the chain of Red Robin Gourmet Burgers and Brews casual dining restaurants.

The Geraci lawsuit is based on alleged violations of the TCPA and seeks class action certification. The TCPA prohibits the placing of any telephone call or the sending of any text message, using an automatic telephone dialing system, to any telephone number assigned to a cellular telephone service, without obtaining the receiving party's prior express written consent. [47 U.S.C. §227(b)(1)(A)(iii]. The TCPA does not address a consumer's right to revoke previously provided consent. Nevertheless, courts and the Federal Communications Commission have uniformly interpreted TCPA regulations to permit such revocation.

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Bill Horne
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