In Gonnella v. Delbert Services, plaintiff alleged that defendant violated the TCPA by calling her cell phone after she had verbally withdrawn consent to be called with a dialer.  Defendant moved to dismiss, arguing that consent, once given, cannot be withdrawn.  Though recognizing the split in opinions, the court determined that consent under the TCPA could be withdrawn orally, owing to the purpose of the TCPA and intention to protect consumers and avoid unwanted calls.

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