11th Cir Rules TCPA Allows Prior Express Consent Through Intermediaries, Hobbs Act Precludes District Court Challenge to FCC Rulings

The U.S. Court of Appeals for the Eleventh Circuit recently held that the TCPA allows callers to obtain consent through intermediaries.

 

The Court also held that a 2008 FCC Ruling interpreting the “prior express consent” defense applies to all creditors and debt collectors, including medical debt collectors, when calling wireless telephone numbers. 

 

In addition, the Eleventh Circuit held that, pursuant to the Hobbs Act, the district court lacked jurisdiction to consider the validity of the 2008 FCC Ruling.

 

A copy of the opinion is available at:  http://media.ca11.uscourts.gov/opinions/pub/files/201314008.pdf