Export Compliance Daily is a Warren News publication.

Defendants Contend Plaintiff Gave His Express Written Consent to Be Contacted

Lightfoot Media and Power House Marketing acted in good faith and "had reasonable grounds for believing" their actions were in compliance with the Telephone Consumer Protection Act, including by implementing procedures to prevent violations and by maintaining an internal do…

Sign up for a free preview to unlock the rest of this article

Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.

not call list, said their answer Wednesday (docket 1:23-cv-15983) ) in U.S. District Court for Northern Illinois in Chicago to Kyle Roseboro’s March 15 first amended complaint. Roseboro alleges that Lightfoot and Power House, both lead generation businesses, “routinely violate” the TCPA by delivering ad or marketing text messages to residential or cellphone numbers listed with the national do not call registry without the prior express invitation or permission of the recipients. But Roseboro’s claims are barred because he provided prior express written permission to receive the communications at issue in the complaint, said the defendants’ answer. Roseboro and the purported class members also didn’t follow “proper procedures or channels to revoke their consent,” so their revocation of consent wasn’t “properly executed,” it said.