SCHWEITZER v. COMENITY BANK

No. 16-10498.

866 F.3d 1273 (2017)

Emily SCHWEITZER, Plaintiff-Appellant, v. COMENITY BANK, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 10, 2017.


Attorney(s) appearing for the Case

Marc A. Wites , Wites & Kapetan, PA, Lighthouse Pt., FL, for Plaintiff-Appellant.

Dale Thomas Golden , Golden Scaz Gagain, PLLC, Tampa, FL, for Defendant-Appellee.

Brian Melendez , Dykema Gossett, PLLC, Minneapolis, MN, for Amicus Curiae ACA International.

Before JORDAN and JILL PRYOR, Circuit Judges, and COOGLER, District Judge.


In law, as in life, consent need not be an all-or-nothing proposition. Having already concluded that the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., allows for the oral revocation of consent, see Osorio v. State Farm Bank, F.S.B., 746 F.3d 1242, 1255 (11th Cir....

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