Gager v. Dell Financial Services, LLC, 727 F.3d 265 (3d Cir. 2013)

Case type: TCPA violation – Appeal

In the first case of its kind, the U.S. Court of Appeals for the Third Circuit agreed that consumers may block annoying robocalls to their cell phones, "revoking" any alleged consent implied by applying for credit, under the Telephone Consumer Protection Act (TCPA). The lower court's ruling was reversed and our client's case returned to the district court to proceed. Dell Financial's further efforts to have the appeals court reconsider its ruling were rebuffed, and this important decision from the federal court of appeals set precedent for dozens of other courts around the country.

Los Angeles Times, 8/23/13: Cellphone Users May Opt Out of Robocalls, Court says in Dell Ruling

Pittsburgh Post Gazette, 8/26/13: Court: Cellphone Customers May Block Robocalls

See court opinion