Court Applies Common Sense! Read All About It!
It was just one of those crazy things. Boy submits his cell phone number as part of a credit card application, authorizing the bank to contact him on that number. Bank sends a text asking boy to contact it, and telling him how to opt out of any future text messages. Boy opts out and bank replies via text confirming the opt out. Boy brings a class action suit for a violation of the Telephone Consumer Protection Act, on the theory that the text confirming the opt out came after the opt out. I am not making any of this up. And we wonder why people hate lawyers. But there is some good news. Recognizing that the TCPA needs to be approached with “a measure of common sense” the court granted Citibank summary judgment. The court said a finding that the confirming text violated the TCPA would constitute an impermissibly “absurd and unforeseen result.” Couldn’t say it better myself. If the civil rules had a procedure called “you’re kidding, right?” this case would qualify.