Facing the Music: Consent Granted When Consumer Voluntarily Provides Phone Number Limited by “Transactional Context”

This article first appeared on TCPAland and is republished here with permission.

The prior express consent granted when a consumer voluntarily provides their phone number has its limits.  The recent ruling denying summary judgment in Walintukan v. SBE Entm’t Grp. LLC 2018 U.S. Dist. LEXIS 88036 (N.D. Cal. May 24, 2018) is a good example of the parameters of this type of consent.

In Walintukan, the Plaintiff purchased online tickets for a concert at Create Nightclub in L.A., and provided his phone number as part of the purchase.  Several months later, Defendant sent Plaintiff two text messages promoting other events at the club, and got themselves sued in a nationwide TCPA class action.

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