Second Circuit Issues Robocall Debt Collection Decision in TCPA case

On October 16, 2014, the US Court of Appeals for the Second Circuit decided
a TCPA case involving automated “robocall” debt collection calls. The plaintiff,
Albert Nigro, alleged that a debt collector placed dozens of automated calls
to his cellular phone in violation of the federal Telephone Consumer
Protection Act, or TCPA, to collect an electric bill owed by his late
mother.

The TCPA prohibits most robocalls to cell phones unless the recipient
expressly consents to receive the call. The Second Circuit held that,
because Mr. Nigro did not give the electric company his cell phone number at
the time of the transaction that gave rise to his mother’s debt, he did not
give express consent to the electric company or its debt collection agency
to place automated robocalls to his cell phone.

The decision is styled Nigro v. Mercantile Adjustment Bureau, LLC, No.
13-1363. Link to the decision here: 13-1362_opn