Businesses must stop calling if consumers revoke consent to contact, appeals court rules

Consumers do not have to accept unwanted cell phone calls from a business just because they gave prior consent to that business, according to a recent court ruling.

Narberth attorney Cary Flitter of Flitter Lorenz argued the appeal of Ashley Gager v. Dell Financial Services, LLC in the federal appellate court. Gager financed a computer through Dell Financial Services, but became delinquent on payments after she became pregnant, was prescribed bed rest and left her job. The Pennsylvania woman received incessant collection calls on her cell phone from Dell Financial. Despite writing a letter to end the calls, the harassment continued.

The Telephone Consumer Protection Act (TCPA) protects consumers from receiving unwanted cell phone calls, including automated dialing systems and artificial or pre-recorded voice messages. According to a Pew Research study, more than 90 percent of U.S. adults who own cell phones.

Citing the TCPA, which provides strong remedies in favor of consumers for violations of the law (a minimum $500 penalty per illegal call to cell phone), Gager sued Dell Financial. The original case was dismissed by the lower court, which ruled once the consumer provides consent to be called, that consent may never be revoked.

The decision issued by the United States Court of Appeals for the Third Circuit, rules that the TCPA allows consumers to revoke consent to be called or texted on their cell phones, even after initial consent.