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Caveat Vendor

TCPA Update: Second Circuit Agrees with FCC and Limits Scope of Son-In-Law’s Consent

Back in July, we wrote about a brief filed by the Federal Communications Commission (FCC) in an appeal of a Telephone Consumer Protection Act (TCPA) lawsuit, Nigro v. Mercantile Adjustment Bureau.  In its filing, the FCC argued that, as it interprets the TCPA and its own implementing regulations, a person does not consent to autodialed debt collection calls when he agrees to receive calls on a mobile number in connection with his attempts to terminate the deceased debtor’s utility account.

Last week, the Second Circuit agreed with the FCC’s analysis and reversed the trial court’s grant of summary judgment in favor of the collections agency, thereby enabling the plaintiff to continue with his TCPA lawsuit. 

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