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Can a TCPA plaintiff revoke consent to be contacted by “talking” to a pre-recorded message? Probably not. But this is the theory advanced by serial… ....
Can a TCPA plaintiff revoke consent to be contacted by “talking” to a pre-recorded message? Probably not. But this is the theory advanced by serial pro se litigant Na’eem Betz in Betz. ....
To embed, copy and paste the code into your website or blog: The Telephone Consumer Protection Act has for over a decade been a source of significant legal risk for any business that communicates with consumers by phone or text. The TCPA prohibits making calls without consent to cell phones using an “Automatic Telephone Dialing System” (“ATDS”), and contains a private right of action that provides for statutory damages of $500 up to $1,500 per offending call or text. Importantly, broad interpretations by courts and the FCC of what constitutes an ATDS at some points so broad as to encompass everyday smartphones sparked a conflagration of class actions against businesses across numerous industry sectors including financial services, retail, energy, and healthcare. ....