Okay, so the Bank’s summary judgment motion was unopposed, but, the Court still got it right and they still won. In Johnson v. JP Morgan Chase, 2015 WL 7301082, at *2 (S.D.Tex., 2015), Judge Harmon found that a Bank collecting on a mortgage account did not violate the TCPA.
On October 31, 2011 Plaintiff expressly asked to be called at that number. A-11. On June 4, 2011 he provided the number to JPMC in connection with his request for mortgage assistance. A-12. There is no evidence that he revoked his consent to be called at this number, and he continued to provide that cell phone number even after he revoked his consent to be called at his home and work numbers. Because Plaintiff gave his prior, express consent to call the cell phone number and did not revoke his consent, JPMC is entitled to summary judgment on the TCPA. The Court agrees that JPMC has provided substantial evidence supporting its TCPA argument, while Plaintiff has failed to meet his burden to raise a genuine isssue of material fact or law.