Consumer Finance Litigation

Amending its prior opinion and broadening its interpretation of the standard for "prior consent" under the Telephone Consumer Protection Act ("TCPA"), the Ninth Circuit Court of Appeals recently held that "[p]ursuant to the FCC ruling, prior express consent is consent to call a particular telephone number in connection with a particular debt that is given before the call in question is placed." In January 2008, the FCC issued a declaratory ruling stating that "prior express consent is deemed to be granted only if the wireless number was provided by the consumer to the creditor ...