Posted on September 30, 2014
In Mais v. Gulf Coast Collection Bureau, the appellate court reversed the district court’s order and granted summary judgment in favor of defendant in plaintiff’s TCPA suit, finding that plaintiff provided consent to receive autodialed calls on his cell phone when his wife provided the cell number to the hospital during intake. After admission, plaintiff received radiological treatment from a hospital sub-contractor, and plaintiff’s cell phone number was given to the radiologist from the hospital. The district court had concluded that the provision of the cell phone number by the plaintiff’s wife to the hospital was not effective consent under the TCPA because the FCC orders that concluded simply providing a number to a creditor is “prior express consent” was incorrect, and because the number was not actually given to the creditor (the radiologist), but the hospital. The reversal by the appellate court respects the generally accepted principal that effective consent under the TCPA is given when the number is provided by a consumer to the creditor.