In Leckler v. CashCall, Inc, Judge Susan Illston of the United States District Court for the Northern District refused to follow the FCC’s January 4, 2008 interpretive ruling of the Telephone Consumer Protection Act, which had permitted lenders to use autodialers and prerecorded message calls to wireless numbers so long as express consent had been given, such as if the consumer provided their cell phone number to the lender as part of a credit application. Judge Illston held that the “FCC’s interpretation of the the TCPA reads out Congress’ requirement that autodialed and pre-recorded calls may be made to cell phone numbers only where the called party’s consent is express, and instead permits the application of this exemption where the consent can be implied”. Accordingly, having struck down the FCC’s interpretation, Judge Illston granted partial summary judgment to the private party plaintiff on the basis that the “defendant violated the TCPA when it called plaintiff’s cell phone using an autodialer and prerecorded messages without plaintiff’s express consent”. leckler-v-fcc-january-4-2008-ruling-2008-ndcal fcc-ruling-re-cellular-phones-1-4-08 UPDATE: Defendants have filed a Motion to Dismiss under the Hobbs Act, arguing that it deprives the District Court of jurisdiction to disavow the FCC’s ruling. That Motion is scheduled for hearing on October 31, 2008.