The U.S. District Court for the Southern District of Florida recently released a decision in a TCPA suit brought by a man seeking damages in connection with a series of autodialed telephone calls made to his mobile phone. In his decision on cross motions for summary judgment, the judge rejected conclusions reached by the FCC in a 2008 order interpreting the TCPA, most notably on: (1) what constitutes "prior express consent" to receive calls on one's mobile phone; and (2) vicarious liability for TCPA violations committed by outside debt collectors. Mais v. Gulf Coast Collection Bureau, et al.
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