Second Circuit Declines to Rehear Decision on Revoking TCPA Consent

On October 20, 2017, the Second Circuit Court of Appeals denied a petition for rehearing of its decision in Reyes Jr. v. Lincoln Automotive Financial Services, (case no. 16-2104, Second Circuit Court of Appeals.) This is affirmation of the Court's ruling that the Telephone Consumer Protection Act (TCPA) does not permit a party to unilaterally revoke consent to receive telephone calls, if consent was part of a bilateral contractual provision. 

insideARM previously wrote an article regarding the underlying appeal. You can find the article here

In the appeal, plaintiff Alberto Reyes, Jr. (Reyes) argued that defendant Lincoln Automotive Financial Services (Lincoln) violated the TCPA by continuing to call him after he revoked his consent to receive said calls. Reyes' initial consent to receive calls arose from a provision in a lease agreement he signed with Lincoln. This provision stated that Reyes agreed to receive communication “including but not limited to, contact by manual calling methods, prerecorded or artificial voice messages, text messages, emails and/or automatic telephone dialing systems.” Reyes argued that by sending Lincoln a letter requesting that no contact be made to his cellular phone, he revoked this consent and thus Lincoln violated the TCPA by continuing to call him. 

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