What is “Consent” under the Telephone Consumer Protection Act (TCPA) and How do we Revoke?

What is consent under the TCPA?  It is a question that many courts have faced and tried to answer but has still left us asking the same question.  In most circumstances, to establish consent we start from the beginning at the point where the consumer opens up the credit card, car loan, mortgage loan, etc.  Now many of us will admit that we don’t read the paper work handed to us during the process of getting credit or getting a mortgage.  Most of us though do remember the information we provide the company like our address, email and telephone numbers.  In those documents there usually is a spot for you to put down your cellphone number so that the bank or car company can contact you.  Right there, you have just given that company your consent to call you on that cellphone number.

Now you are probably asking, “How can I revoke my consent?”  Revocation of consent can be done by any reasonable means including in writing or orally.  Osorio v. State Farm Bank, F.S.B., 746 F.3d 1242 (11th Cir. 2014).  You can revoke your consent by simply telling the company to “stop calling my cellphone.”  Now the important thing to remember is once you have told the company to “stop calling your cellphone” they must stop calling your cellphone using an automatic dialer system or pre-recorded voice.  The company is however allowed to continue to call your cellphone, but they must do so without using an autodialer or pre-recorded message.  Essentially, there must be a human involved when they dial your cellphone number. Often, creditors or debt collectors ignore revocation and continue to harass consumers by improperly using an auto-dialer system.

If you believe that you are receiving auto-dialed or pre-recorded phone calls from a creditor, debt collector or any other company who is attempting to collect a debt from you, contact Benjamin Law Practice, PLLC.  For more information about TCPA violations or on filing a case, please visit our website or call directly at 727-888-4135.