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District Court (Ohio) Discusses Intermediary Consent in TCPA Case; Rejects Reyes

by Scott J. Hyman |

In Rodriguez v. Premier Bankcard, LLC, Case No. 3:16CV2541, 2018 WL 4184742 (N.D. Ohio. August 31, 2018),  Judge Carr framed 3 questions on summary judgment. First, Premier claims that because Hodge is the subscriber to the 70 number–that is, the consumer assigned to the number, and the individual billed for the call–he “was entitled to grant prior express consent for… Read More

District Court (NJ) Says Triable Issue of Fact Whether Cell Phone Owner Permitted User to Give Out Telephone Number, But No Way It Could Have Been Willful

by Scott J. Hyman |

In Jackson v. Pmab, LLC, 2017 WL 4316096, at *3–4 (D.N.J., 2017), Judge Rodriquez granted partial summary judgment to a TCPA defendant, but discussed the extent to which Osorio agency survived the FCC 2015 Order. According to the FCC, the manner in which a business obtains a telephone number informs the consideration of whether a number was “knowingly released” and, therefore, permissible… Read More

District Court (Fla.) Finds Triable Issue of Fact under Osorio Agency-Type Analysis Whether Third Party Could and Did Consent for Called Party to Be Called by ATDS

by Scott J. Hyman |

In Harrington v. RoundPoint Mortgage, Judge Chappelle denied a defendant's summary judgment motion, finding a triable issue of fact whether a third party could and did consent for the called party to be called on their cell phone by an ATDS. Defendants next argue that they are entitled to summary judgment on Count one because Harrington provided prior express consent to… Read More