In a split with other circuits, the U.S. Court of Appeals for the Second Circuit ruled Thursday that the federal Telephone Consumer Protection Act does not allow consumers to demand that they stop receiving automated calls if they agreed to provisions opting them in.
Manatt, Phelps & Phillips partner Christine Reilly, who heads the firm’s TCPA compliance and class-action defense practice group, said she believes other circuits are sure to continue to side with consumer-friendly readings of the law that will be in conflict with the Second Circuit’s view.
