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· 8/22/2013

Gager v. Dell Financial Services, LLC

Citations

  • 727 F.3d 265
  • 2013 WL 4463305
  • 2013 U.S. App. LEXIS 17579

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that, under the TCPA, a consumer who previously had dealings with a company was entitled to revoke her prior express consent at will
  • holding that, under the TCPA, there is no temporal limitation on a consumer’s right to revoke her prior consent to be contacted via an ATDS on her cell phone
  • holding that the TCPA allows consumers to revoke prior express consent
  • relying on the TCPA’s status as a “remedial statute” to confirm an interpretation of the statutory text
  • “The TCPA is a remedial statute that was passed to protect consumers . . .”
  • \The fact that Gager entered into a contractual relationship with Dell did not exempt Dell from the TCPA's requirements.... Gager retained the right to revoke her prior express consent.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Fuentes, Shwartz, Roth

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.