Opinion
No. 4:16-cv-700-DPM
01-11-2017
SHARRY ROBERTS PLAINTIFF v. PENNYMAC LOAN SERVICES, LLC DEFENDANT
ORDER
Courts have divided about whether one may orally revoke consent under the TCPA. But, in an unpublished opinion, the Eighth Circuit has indicated that it's possible, and other circuits have so held. Brenner v. American Education Services, 575 Fed. App'x 703, 703 (8th Cir. 2014), citing Osorio v. State Farm Bank, F.S.B., 746 F.3d 1242, 1255-56 (11th Cir. 2014) and Gager v. Dell Financial Services, LLC, 727 F.3d 265, 270-72 (3d Cir. 2013). Pennymac's motion to dismiss, No 9, is therefore denied.
So Ordered.
/s/_________
D.P. Marshall Jr.
United States District Judge
11 January 2017