Thrasher-Lyon v. CCS Commercial, LLC, No. 11 C 04472, 2012 WL 3835089 (E.D. Ill. Sept. 4, 2012) Pending before the Court was the question of whether "prior express consent" under Section 227(b)(1)(A) of the TCPA means consent to be contacted in general, or consent to be contacted via "robo-calls." By way of background, Plaintiff, who was involved in a car accident, gave her cell phone number to the driver whose car she hit. The driver's insurer called Plaintiff for information about the accident. During the call, the agent asked Plaintiff for the best way to reach her. She said the number ...
The Telephone Consumer Protection Act, 47 U.S.C. § 227 (TCPA) is a federal statute that was enacted to address concerns relating to telemarketing/solicitation practices. During the past several years, however, the Act has been applied to render multi-million dollar verdicts and settlements against both big and small companies across the country. Judicial interpretation of the Act has also steadily increased and undergone significant change. For example, until recently, many Circuit Courts of Appeal believed that the TCPA did not create federal question subject matter ...