BRESLOW v. WELLS FARGO BANK, N.A.

No. 12-14564.

755 F.3d 1265 (2014)

Lynn BRESLOW, individually and on behalf of "R.B.," a minor, Plaintiff-Appellee, v. WELLS FARGO BANK, N.A., a national bank, d.b.a. Wachovia Bank N.A., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 9, 2014.


Attorney(s) appearing for the Case

Scott David Owens , Owens Law Office, Hallandale, FL, for Plaintiff-Appellee.

Jan T. Chilton , Severson & Werson, San Francisco, CA, Elliot Aaron Hallak , Amy Rubin , Fox Rothschild, LLP, West Palm Beach, FL, Scott James Hyman , Eric J. Troutman , Severson & Werson, APC, Irvine, CA, for Defendant-Appellant.

Before TJOFLAT and WILSON, Circuit Judges, and PROCTOR, District Judge.


PER CURIAM:

On the Court's own motion, we vacate the original opinion in this case, issued on June 5, 2014, and substitute the following opinion in its place.

The Telephone Consumer Protection Act of 1991 ("TCPA"), Pub.L. No. 102-243, 105 Stat. 2394, makes it unlawful to make any call using an automatic telephone dialing system (an "autodial system") to a cellular telephone without the prior express consent of the "called party." 47 U.S.C. § 227(b)(1...

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