Many businesses out there like to hit consumers with repeated TCPA consent opt in opportunities– even where they may already have the consumer’s consent from a previous opt in or by virtue of an exemption or presumption.
But if a consumer refuses to sign a TCPA consent agreement does that revoke the consent you may have already had to contact that consumer?
According to a new decision out of a Florida federal court the answer is “Yes” and it may lead to businesses reconsidering the circumstances in which they present the consumer with a consent request.
In Specht v. Lee Health System, Inc. 2026 WL 2299337 (M.D. Fl. Aug. 11, 2026) the Plaintiff was allegedly denied service at a hospital after refusing to sign a terms of treatment form that included a TCPA consent. The plaintiff’s chart had a note suggesting he had accepted all the other terms of the treatment form but not the TCPA consent. Nonetheless he was denied service and apparently escorted from the facility by armed security for refusing to sign the form (sounds made up, but stay with me.)
The defendant apparently sent the Plaintiff robocalls after his visit in connection with what Defendant called a “prescription notification call.” The Plaintiff sued Lee Health in a TCPA suit arguing the robocalls violated the TCPA.
Lee moved to dismiss the complaint contending the messages were exempted under both of the FCC’s TCPA healthcare exemptions– and the court agreed. But Lee still lost.
The issue wasn’t consent in the first instance– because Plaintiff was at least sort of a patient and because the messages were healthcare related and specific the Court found the mere provision of the number by Plaintiff was all the consent that was necessary under the applicable exceptions. Except that Plaintiff had revoked that consent by refusing to sign the form!
In the court’s view when Lee offered the consent form to Plaintiff it was essentially setting itself up for failure. It never needed additional consent to begin with. But by offering the form it gave Plaintiff a chance to opt out of messaging– and that’s exactly what he did. So Lee violated the TCPA when it continued messaging Plaintiff despite his refusal to sign the form.
This is an odd ruling but it makes sense. Businesses out there need to weight the value of superfluous consent efforts against the odds a court may find a refusal to provide a “second” consent constitutes a revocation of the original consent. This is especially true in the transactional and healthcare contexts where a business often is presumed to have consent based on the operation of applicable exemptions.
This stuff is tricky and requires real thought. Luckily Troutman Amin, LLP can assist with your consent and TCPA strategy! Give us a shout.
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