Legal Opinion

Gager v. Dell Financial Services, LLC

Court of Appeals for the Third Circuit

Decided August 22, 2013No. 12-2823PublishedCited by 105 opinions

1Opinion of the Court

OPINION

ROTH, Circuit Judge:

I. Introduction

Ashley Gager brought suit against Dell Financial Services alleging that Dell violated the Telephone Consumer Protection Act of 1991 (TCPA), 47 U.S.C. § 227(b)(l)(A)(iii), by using an automated telephone dialing system to call her cellular phone after she revoked her prior express consent to be contacted. Gager contends that the District Court improperly dismissed her complaint for failure to state a claim on the theory that she could not revoke her consent once it was given. We agree with Gager. Therefore, for the reasons that follow, we will reverse…

2Cases cited15 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  3. Neder v. United StatesSupreme Court of the United States · 1999
  4. United States v. Mead Corp.Supreme Court of the United States · 2001
  5. Satterfield v. Simon & Schuster, Inc.Court of Appeals for the Ninth Circuit · 2009

10 more not listed; retrieve them via the Exa API.

3Cited by105 opinions

  1. Bradley Van Patten v. Vertical Fitness GroupCourt of Appeals for the Ninth Circuit · 2017
  2. John Daubert v. NRA Group LLCCourt of Appeals for the Third Circuit · 2017
  3. Leyse v. Bank of America National Ass'nCourt of Appeals for the Third Circuit · 2015
  4. Fredy D. Osorio v. State Farm Bank, F.S.B.Court of Appeals for the Eleventh Circuit · 2014
  5. Bill Dominguez v. Yahoo IncCourt of Appeals for the Third Circuit · 2018

100 more not listed; retrieve them via the Exa API.

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