Joseph B. Murphy v. DCI Biologicals Orlando, LLC

How courts have described this case

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

• holding that blood donor who provided cellular phone number on donor information form consented to receipt of text messages encouraging further donations
• recognizing that prior express consent is “an affirmative defense to a claim under the TCPA”
• noting that the existence of prior express consent is an affirmative defense under the TCPA
• providing a phone number on a form, even without an express consent provision, constitutes consent under the TCPA
• “The prohibition against auto dialed calls applies to text message calls as well as voice calls.”
• “A district court may dismiss a complaint for failure to state a claim if an affirmative defense appears on the face of the complaint.”

Source: CourtListener parenthetical corpus (CC0).