United States Third Circuit

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Gager v. Dell Financial Services, LLC, 12-2823

Dismissal of plaintiff's complaint alleging that defendant violated the Telephone Consumer Protection Act of 1991 (TCPA) by using an automated telephone dialing system to call her cellular phone after she revoked her prior express consent to be contacted, is reversed and remanded, where plaintiff has stated a plausible claim for relief because: 1) the TCPA affords her the right to revoke her prior express consent to be contacted on her cellular phone via an autodialing system; and 2) there is no temporal limitation on that right.

Appellate Information

  • Decided 08/22/2013
  • Published 08/22/2013


  • ROTH


  • United States Third Circuit


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