CFA, the National Consumer Law Center, the National Association of Consumer Advocates, and Public Citizen have filed an amicus brief urging rehearing en banc in the case of Alberto Reyes, Jr. v. Lincoln Automotive Financial Services. If the panel’s decision is allowed to stand, it would unleash a torrent of unwanted and invasive robocalls and texts to cell phones, affecting nearly every consumer and small business in the nation—who would have no way to stop the calls. Prohibiting revocation of consent to receive these calls whenever consent is part of a contract term would eliminate the primary protection against this onslaught of unwanted calls. Further, the panel’s decision conflicts with both the Federal Communication Commission’s determination that consumers’ consent is revocable and decisions of other Circuits that have allowed revocation of consent that was provided as part of a contract.
