FCC Comments to 2d Circuit Court of Appeals in Nigro v. Mercantile Adjustment Bureau TCPA Case; Argues Heir’s Call from Cellular Telephone to Turn Off Utilities Was Not “Prior Express Consent”

We previously reported on District Court’s decision in Nigro v. Mercantile Adjustment Bureau here (http://www.calautofinance.com/?p=3940).  The Plaintiff appealed the District Court’s granting summary judgment to the TCPA Defendant, and the Second Circuit Court of Appeals asked for comment from the FCC.  The FCC’s response is reflected here.