Sixth Circuit Finds “Prior Express Consent” in Affirming Dismissal of TCPA Class Action against Healthcare Provider’s Debt Collector

By: Andrew C. Glass, Gregory N. Blase, Roger L. Smerage, Eric W. Lee

The Sixth Circuit (the “Court”) recently sided with a defendant-debt collector in a putative class action in which the plaintiffs claimed that the defendant’s calls to their cell phones violated the Telephone Consumer Protection Act (“TCPA”). In Baisden v. Credit Adjustments, Inc., the Court held that “prior express consent” can be “obtained and conveyed via intermediaries.” In reaching this conclusion, the Court applied binding guidance from the Federal Communications Commission (“FCC”) and followed the holding of the Eleventh Circuit in Mais v. Gulf Coast Collection Bureau, Inc.

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