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June 23, 2017

Stroock Special Bulletin

By: Julia B. Strickland, Quyen T. Truong, Stephen J. Newman, Brian C. Frontino, Arjun P. Rao

In an opinion with potentially significant impact, the Second Circuit held on June 22nd that, when a called party has provided contractual consent to calls, this prior express consent cannot be revoked and therefore there is not TCPA liability for calls within the scope of the contractual consent.  The issue is one of first impression at the appellate level but, if the Second Circuit’s reasoning is followed by other Circuits, the oft-litigated TCPA claims arising from contractual relationships will be severely limited.