The United States Court of Appeals for the Seventh Circuit upheld a lower court opinion holding that a bill collector violated the Telephone Consumer Protection Act when it used automated dialers to place calls to cell phone numbers without the consent of the current subscribers, even though a previous subscriber may have granted such consent. The Court's opinion turned on whether the term "called party" refers to the current subscriber or the intended recipient. The plaintiffs argued for the former interpretation, the defendants the latter. The Court ultimately concluded that, although not defined in the statute, the term "called party" means the current subscriber because the current subscriber must give consent, and, therefore, that consent lapses upon number reassignment. Click here for the opinion.
Goodwin Procter LLP is one of the nation's leading law firms, with a team of 700 attorneys and offices in Boston, Los Angeles, New York, San Diego, San Francisco and Washington, D.C. The firm combines in-depth legal knowledge with practical business experience to deliver innovative solutions to complex legal problems. We provide litigation, corporate law and real estate services to clients ranging from start-up companies to Fortune 500 multinationals, with a focus on matters involving private equity, technology companies, real estate capital markets, financial services, intellectual property and products liability.
This article, which may be considered advertising under the ethical rules of certain jurisdictions, is provided with the understanding that it does not constitute the rendering of legal advice or other professional advice by Goodwin Procter LLP or its attorneys. © 2012 Goodwin Procter LLP. All rights reserved.
