9th Cir. Holds Party That Obtains Cell Number Indirectly May Have TCPA Consent

This article previously appeared on the Maurice Wutscher Consumer Financial Services Blog and is republished here with permission.

The U.S. Court of Appeals for the Ninth Circuit recently held that calls from a survey company that received the called party’s contact information through an intermediary did not violate the federal Telephone Consumer Protection Action (TCPA) because the called party provided prior express consent.

In so ruling, the Court held that “a party that receives an individual’s phone number indirectly may nevertheless have consent to call that individual,” and it did not matter that the defendant, rather than the entity that actually obtained the called party’s consent, placed the calls.

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