On September 19, U.S. SDNY issued a TCPA consent-related
decision granting a vehicle dealer’s motion for summary judgment in part and denying it in part. The plaintiffs alleged the vehicle dealer violated the automatic telephone dialing system (ATDS) and the National Do Not Call (DNC) provisions of the TCPA.
The court granted summary judgment to the defendant on the claim that it used an ATDS but denied summary judgment on the claims related to the national DNC registry, finding that a reasonable jury could determine that the plaintiffs were registered on the registry and did not have an established business relationship with the defendant. Additionally, the court found that no reasonable jury could find that the forms signed by the plaintiffs with an affiliated vehicle dealer provided the express consent needed for the defendant to send marketing messages. The court emphasized that permission may be transferred between parties under the TCPA if “the possibility of that transfer must be apparent from the consent given.”
Finally, the court granted summary judgment to the defendant on the plaintiffs’ claim for treble damages, ruling that no reasonable fact-finder could determine the defendant knowingly or willfully violated the TCPA.
