The 3rd U.S. Circuit Court of Appeals remanded...
The 3rd U.S. Circuit Court of Appeals remanded to a lower court a complaint by a woman who didn’t want a financial services company to use an automated telephone dialing system to call her cellphone after she revoked her previous…
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express consent. Ashley Gager filed a complaint against Dell Financial Services alleging the company had violated the Telephone Consumer Protection Act of 1991. “Gager contends that the District Court improperly dismissed her complaint for failure to state a claim on the theory that she could not revoke her consent once it was given,” the court said (http://1.usa.gov/17NwLSZ). “We agree with Gager. Therefore ... we will reverse the judgment of the District Court and remand this case for further proceedings consistent with this opinion.” In 2007, Gager applied for a line of credit from Dell to buy computer equipment. “The credit application required that she provide her home phone number,” the court said. “Gager listed her cellular phone number in that place on the application. In doing so, however, she neither stated that the number was for a cellular phone, nor did she indicate that Dell should not use an automated telephone dialing system to call her at the number she provided.”