United States Second Circuit

In this Telephone Consumer Protection Act (TCPA) case, plaintiff alleges that defendant contacted him via numerous automated telephone calls to his mobile phone in an attempt to collect his deceased mother-in-law’s unpaid electric bill. Summary judgment in favor of defendant is reversed and remanded for further proceedings, where, under the Federal Communications Commission's interpretation of the TCPA, plaintiff did not consent to the calls despite having contacted the electric company to discontinue his mother-in-law's service after her death, because plaintiff's number was not "provided during the transaction that resulted in the debt owed."

Appellate Information

• Decided 10/16/2014
• Published 10/16/2014

Judges

Court

• United States Second Circuit

Counsel