Sengenberger v. Credit Control Services, Inc.

1 Citing case

  1. Hitchman v. Nat'l Enter. Sys., Inc.

    Case No. 12-61043-Civ-MARRA/MATTHEWMAN (S.D. Fla. Mar. 10, 2014)   Cited 3 times

    s consent. Instead, we view the silence in the statute as evidence that the right to revoke exists"); Legg v. Voice Media Grp., Inc., 13-62044-CIV, 2014 WL 29594, *3 (S.D. Fla. Jan. 3, 2014) (denying motion to dismiss because Plaintiff sufficiently pled that he revoked his consent to receive text messages from Defendant); Beal v. Wyndham Vacation Resorts, Inc., 956 F. Supp. 2d 962, 977 (W.D. Wis. 2013) ("consumers can revoke their consent to receive autodialer calls under the Telephone Consumer Protection Act and may do so orally"); Adamcik v. Credit Control Servs., Inc., 832 F. Supp. 2d 744, 749 (W.D. Tex. 2011) (relying on common law principles to conclude that consumers may revoke consent to receive autodialer calls under the TCPA and that they may do so orally or in writing); Moore v. Firstsource Advantage, LLC, No. 07-CV-770, 2011 WL 4345703, at *11-12 (W.D.N.Y. Sept.15, 2011) (oral request to cease making autodialer calls ineffective, written revocation required under the TCPA); Sengenberger v. Credit Control Servs., Inc., No. 09 C 2796, 2010 WL 1791270, at *4 (N.D. Ill. May 5, 2010) (because consent revoked in writing, all calls made after that were violative of the TCPA); Munro v. King Broad.Co., C13-1308JLR, 2013 WL 6185233, *3 (W.D. Wash. Nov. 26, 2013);Gutierrez v. Barclays Group, 2011 WL 579238 (S.D. Cal. 2011) (a consumer can revoke consent given under the TCPA orally or in writing because the statute does not require revocation to be in writing). "The courts that have reached this conclusion have done so for several key reasons.