In Gager v. Dell Financial Services, LLC, No. 12-2823 (3d Cir. Aug. 22, 2013), plaintiff alleged that Dell violated the Telephone Consumer Protection Act (TCPA) by using an automated telephone dialing system to call her cell phone after she revoked her prior express consent to be contacted. The district court dismissed the action, holding that the TCPA, which is silent on the issue, did not provide for the revocation of consent. The Third Circuit reversed and held, as a matter of first impression for any appellate court, that the TCPA affords consumers the right to revoke their prior express consent to be contacted, and there was no temporal limitation on that right. The court rejected Dell’s argument that the TCPA’s silence as to revocation of consent meant that the right did not exist. The court noted that the concept of consent in the common law is revocable, and further reasoned that because the TCPA is a remedial statute intended to protect consumers, it should be construed to benefit consumers.
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Under TCPA, consumers can revoke consent to be contacted
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