Eleventh Circuit Court of Appeals Confirms Validity of “Prior Express Consent” in TCPA Case

On Thursday of last week, the Eleventh Circuit Court of Appeals issued a decision in Murphy v. DCI Biologicals Orlando, LLC, confirming the validity of ‘Prior Express Consent” in a Telephone Consumer Protection Act (TCPA) case. The plaintiff in a putative class action had challenged the validity of the Federal Communication Commission’s (FCC) 1992 interpretation of “prior express consent.”

The facts in Murphy were as follows: In the spring of 2010, the plaintiff visited the defendant’s offices to make several blood plasma donations. Before donating, the plaintiff filled out medical release and acknowledgement forms, as well as a “New Donor Information Sheet.”  Those documents asked for information required by federal law and for a personal telephone number. The plaintiff provided his cell phone number within the documents. Two years later, the plaintiff received two text messages, forty minutes apart, with the second text message containing an offer for increased compensation for plasma donations.

Plaintiff then filed his lawsuit on behalf of himself and sought class action status.

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