February 23, 2024

Maryland District Court Opinion Explores Complexities of TCPA Consent and Revocation

TCPA blog

In the recent opinion of Smith v. ExamWorks, LLC, No. 21-2746, 2024 WL 622102 (D. Md. 2024), the District of Maryland analyzed the nuances of consent and revocation under the TCPA.  

At the heart of the dispute was whether Plaintiff Smith had expressly consented to receive automated calls, and, if so, whether he had effectively revoked this consent. ExamWorks, seeking summary judgment, argued that consent obtained by Plaintiff’s insurer extended to it, as ExamWorks was conducting an independent medical examination (IME) related to Smith's insurance claim. The company posited that since Smith had allegedly provided his cellphone number during the claim process, this constituted prior express consent, negating any TCPA violation.

Read the Full Article on the TCPA Blog

Related Legal Services

The Faegre Baker Daniels website uses cookies to make your browsing experience as useful as possible. In order to have the full site experience, keep cookies enabled on your web browser. By browsing our site with cookies enabled, you are agreeing to their use. Review Faegre Baker Daniels' cookies information for more details.