Another Federal Court Grants Express Consent to Collector in TCPA Case

A federal judge in Maryland this week sided with a collection agency in a TCPA case involving the question of “prior express consent” to call a cell phone number that was provided by the consumer. The decision mirrors another recent case in a trend that shows judges moving away from the controversial Mais decision. In Penn v. NRA Group, LLC (Case No. 1:13-CV-00785-JKB), decided July 1, 2014, the United States District Court for the District of Maryland held that the “prior express consent” clause of  the Telephone Consumer Protection Act permits a debt collector to call a debtor’s cell phone where a patient/ debtor provided the cell phone number to a hospital at the time medical treatment was sought. <more>