Article
Fifth Circuit Upends Longstanding TCPA Written Consent Rule
mvalaw.com
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“Yesterday, the U.S. Court of Appeals for the Fifth Circuit held that telemarketing robocalls do not require written consent under the Telephone Consumer Protection Act of 1991 (“TCPA”).” Regulatory Background and the Fifth Circuit’s Decision
Regulatory Background and the Fifth Circuit’s Decision “Nevertheless, for nearly 15 years, essentially every court has accepted and applied the FCC’s prior express written consent requirement.” Not so in Bradford v. Sovereign Pest Control of TX, Inc. There, the plaintiff alleged familiar TCPA allegations that a company had sent him unsolicited, prerecorded messages without obtaining written consent. The district court dismissed the case because the messages at issue were “informational,” not “telemarketing,” and thus were not required to meet the stringent standard of “prior express written consent.”