“NOT CONVINCED”: An Early Effort to Raise Consent in a TCPA Suit May Have Just Backfired Badly for a Defendant

Repeat after me: you cannot raise a consent defense at the pleadings stage unless the complaint specifically alleges the fact consent was provided. It always makes me cringe when I see TCPA defendants lobbing purported records of consent at the court in connection with a motion to dismiss.... By: Troutman Amin LLP