Circuit Court Rules Against Debt Collector in TCPA Decision Supported by FCC Brief

The Second Circuit Court of Appeals Thursday ruled against a debt collection agency in a TCPA express prior consent case, reversing a lower court decision and hewing closely to a requested amicus brief filed by the FCC on the matter. The closely-watched case, Nigro v. Mercantile Adjustment Bureau, involved a consumer receiving autodialed calls to his cell phone. But the consumer plaintiff was not the account holder, rather, he provided his cell number to an electric company while attempting to shut off service. <more>