Md. Judge Denies Geico and Its Vendor Summary Judgment in Robocall Case
U.S. District Judge Paula Xinis for Maryland in Greenbelt denied motions for summary judgment from Telephone Consumer Protection Act co-defendants Geico and its vendor ExamWorks against Michael Smith, said her signed memorandum opinion Wednesday (docket 8:21-cv-02746). Smith alleges ExamWorks inundated…
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his cellphone with prerecorded telemarketing robocalls it made on Geico’s behalf (see 2308110043). Smith’s testimony “is sufficient to defeat summary judgment on the question of consent,” said Xinis’ order. Alternatively, even if somehow the court could grant summary judgment on whether Smith’s initial furnishing of his phone number qualifies as express prior consent, “a genuine issue of fact exists as to whether Smith immediately revoked that consent through his counsel,” it said.