Ninth Circuit Uses Potentially Dangerous Language Regarding What Constitutes Prior Express Consent Under the TCPA

This post was also written by Amy S. Mushahwar.

Appellant, joined by a number of amicae including the American Bankers Association, is seeking rehearing or rehearing en banc in connection with a recent decision by the Ninth Circuit that should be of grave concern to any entity that uses auto-dialers in its contacts with consumers. That decision, in the case of Meyer v. Portfolio Recovery Associates, LLC (PRA), upheld a district court’s grant of a preliminary injunction and provisional class certification, in a suit alleging violations of the Telephone Consumer Protection Act (TCPA), 47 § U.S.C. 227.¹

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¹Meyer v. Portfolio Recovery Associates, LLC, 2012 WL 4840814 (C.A.9 (Cal.)).