As the Grand Duchess reported not long ago a Magistrate Judge in South Florida recently held that consent obtained in a class action settlement was irrevocable—even against unnamed class members—under the doctrine of Good Reyes. Specifically, the Magistrate Judge assigned to the case found that contractual consent is not revocable where it is a bargained-for term of a contract.
The Plaintiff challenged the Magistrate Judge’s recommendation to the district court and it did not go well. On Wednesday of this week the district court overruled all objections and adopted the recommendation dismissing the case. See Lucoff v. Navient Solutions, CASE NO. 18-CIV-60743-RAR, 2019 U.S. Dist. LEXIS 133577 (S.D. Fl. Aug. 7, 2019).
In affirming the recommended dismissal, the district court specifically stated it was “persuaded” by the Reyes decision finding that under common law, “Plaintiff’s consent was irrevocable, and any attempt to revoke his prior consent was ineffective…” In reaching this conclusion the district court distinguished cases where the calls at issue were not within the scope of the consent provision as inapposite.
The district court also concluded that the Plaintiff had re-consented by allowing re-submission of his phone number to the servicer.
So there you go TCPAWorld—no revocation of contractual consent permitted in the S.D. Fl.
Pass it on.