Gager v. Dell Financial Services, LLC
Court of Appeals for the Third Circuit
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…
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