In Baisden v. Credit Adjustments, plaintiff filed a putative class action alleging that defendant violated the TCPA by calling his cell phone witan automated dialer.  Defendant moved for summary judgment, claiming that plaintiff had consented to the calls by providing the cell number on a medical intake form.  The court rejected plaintiff's argument that simply proving the number on the admission form amounted to "express" consent, and concluded that a consumer need not specifically consent to receiving automated calls.

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