Stroock Special Bulletin
"Eleventh Circuit Reverses District Court, Endorses FCC Interpretation of 'Prior Express Consent' Under The Telephone Consumer Protection Act"
On Monday, the Eleventh Circuit reversed one of the plaintiffs’ bar’s favorite opinions – Mais v. Gulf Coast Collection Bureau, Inc., 944 F. Supp. 2d 1226 (S.D. Fla. 2013), rev’d in part, (No. 13-14008), (2014 WL 4802457) (11th Cir. Sept. 29, 2014). The Eleventh Circuit, consistent with other circuit courts that have addressed this issue and the 2008 FCC Ruling regarding “prior express consent,” found that the provision of a cell phone number to a creditor, e.g., as part of a credit application, reasonably evidences prior express consent under the TCPA to be contacted at that number.