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Creditors and collectors defending against a TCPA claim may breathe a little easier now that the Eleventh Circuit Court has released its opinion in Mais v. Gulf Coast Collection Bureau, Inc. (September 29, 2014) and is finally providing some much needed clarification on the defense of “prior express consent.” In their ruling the Court found, among other things, that an intermediary, including a person’s spouse, may provide “prior express consent” that permits a collector to call a person’s cell phone. For many creditors and collectors, the expansion of the “prior express consent” defense and clarification of scope is welcomed news. We will just have to wait and see how this opinion ultimately impacts creditors and collectors defending against TCPA claims, and whether the added clarity equates to additional means of extricating oneself from such claims.
Tom Gray is a partner in the firm and member of the firm’s creditors’ rights practice group. He concentrates his practice in commercial litigation, equipment leasing and finance, creditors’ rights, and construction law, representing a variety of businesses and individuals through all stages of commercial litigation. He also represents national and local equipment leasing companies and their financing sources seeking to enforce their rights pursuant to the lease, including the recovery of amounts due, recovery of equipment, and representation of creditors in bankruptcy court....LEARN MORE