Venable partner Dan Silverman was quoted in a February 13, 2014 Law360 article on a California federal judge’s ruling that businesses requiring a telephone number to complete online purchases have obtained necessary permission place subsequent calls and texts to consumers. The ruling could reduce the number of class action suits related to the Telephone Consumer Protection Act (TCPA). In his ruling, the judge explained that under a 1992 Federal Communications Commission rule interpreting the TCPA, releasing a telephone number to a merchant constitutes express consent extending to third parties. The plaintiffs are expected to appeal.
According to Silverman, “the plaintiffs might avoid forcing the appeals court into the uncomfortable position of launching a broadside against the FCC” by arguing that a 2009 opinion from the Ninth Circuit rejected the current interpretation of the TCPA. ” But I do think it's an entirely reasonable interpretation of the 1992 FCC order, so I think the plaintiffs are going to have an uphill battle on appeal,” Silverman added.
According to Silverman, “the plaintiffs might avoid forcing the appeals court into the uncomfortable position of launching a broadside against the FCC” by arguing that a 2009 opinion from the Ninth Circuit rejected the current interpretation of the TCPA. ” But I do think it's an entirely reasonable interpretation of the 1992 FCC order, so I think the plaintiffs are going to have an uphill battle on appeal,” Silverman added.