In an opinion with potentially significant impact, the Second Circuit held on June 22nd that, when a called party has provided contractual consent to calls, this prior express consent cannot be revoked and therefore there is not TCPA liability for calls within the scope of the contractual consent. The issue is one of first impression at the appellate level but, if the Second Circuit's reasoning is followed by other Circuits, the oft-litigated TCPA claims arising from contractual relationships will be severely limited.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.