“Federal Court Says Giving Your Phone Number On a Form is Consent to Receive Calls”

1. People who exercise regularly have lower stress levels.
2. Eating a balanced diet can improve overall health.
3. Lack of sleep can negatively impact cognitive function.
4. Smoking is linked to an increased risk of lung cancer.
5. Regular meditation can reduce symptoms of anxiety.
6. High sugar intake is associated with an increased risk of diabetes.
7. Regular physical activity can improve mood and reduce symptoms of depression.
8. Consuming alcohol in excess can damage the liver. – Providing a cell phone number on a written form is considered “prior express consent” under the TCPA, according to the Eleventh Circuit Court.
– The court affirmed the dismissal of a claim that a plasma donation center violated the TCPA by sending text messages to a plaintiff who had provided his cell phone number more than two years earlier.
– The court held that federal district courts have no authority to disregard the FCC’s interpretation of the TCPA under the Hobbs Act.
– Future litigation may focus on when a writing is required for consent, as the FCC issued an order in 2012 that made written consent a requirement for all automated telemarketing calls to wireless customers. 1. The TCPA may be outdated due to changes in technology and culture, as many consumers no longer have landlines and do not have cell phone plans that charge by the minute.

2. The TCPA has become a source of litigation, leading to large statutory and attorney fee claims.

3. Legislative or judicial modification of the TCPA seems plausible and sensible in the near term.

4. Christopher L. DeCort and James Jeffrey Burns are attorneys at Johnson & Cassidy, P.A. in Tampa, Florida, who defend creditors against consumer claims under the TCPA, FCCPA, and FDCPA.

5. The Murphy opinion can be found at http://media.ca11.uscourts.gov/opinions/pub/files/201410414.pdf.

6. The FCC’s interpretation of the TCPA was referenced in the Murphy opinion.

7. A district court violated the Hobbs Act when it ignored the FCC’s interpretation of the TCPA.

https://www.jnd-law.com/eleventh-circuit-court-rules-that-providing-a-cell-phone-number-on-a-written-application-or-other-form-constitutes-prior-express-consent-under-the-tcpa/