Fifth Circuit Holds TCPA Does Not Require Prior Express Written Consent for Telemarketing Calls

In Bradford v. Sovereign Pest Control of Texas, Inc., the U.S. Court of Appeals for the Fifth Circuit held that the Telephone Consumer Protection Act (TCPA) does not require “prior express written consent” for telemarketing calls that use artificial or pre-recorded voice messages. Instead, the court concluded that the TCPA requires only “prior express consent,” which may be provided orally or in writing.... By: Troutman Pepper Locke