The United States District Court for the Middle District of Pennsylvania (Conner, C.J.) granted the Firm’s motion for a directed verdict today in favor of its client, a direct marketer of insurance products, on a claim that the client violated the Telephone Consumer Protection Act (TCPA) by making telemarketing calls to the Plaintiff after he had revoked his consent to receive them. Plaintiff had claimed in his complaint that he never consented to receive calls from the Firm’s client in the first place. However, prior to trial, the Court granted the Firm’s motion for summary judgment on the issue of initial consent, leaving as the only issue for trial whether the Firm’s client continued to place calls to the Plaintiff after he revoked that consent. After opening statements and the close of Plaintiff’s case, the Court agreed with the Firm’s argument that, as a matter of law, Plaintiff had not put forth sufficient evidence from which a reasonable jury could conclude that Plaintiff received telemarketing calls from the Firm’s client post-revocation.
