Creditors can use "auto-dialing" harassment where cell phone number was provided to creditor

The Telephone Consumer Protection Act prohibits the use of automated calling to cellphones and provides for a $500.00 per violation charge.  In Hill v. Homeward Residential, Inc., the plaintiffs attempted to apply the protections of the act to a creditor who was using automated message calling to harass a debtor.  The Court held that by giving the defendants a cell number in connection with the procurement of a loan, the debtor had waived the protections of the Act and given "prior express consent" to the making of such calls.

The Court reached this conclusion even though the act prohibits "any call" (other than emergency calls or calls for which there was "prior express consent" of the cell phone owner).    Apparently "express" consent doesn't mean what we thought it did and once given, it cannot be revoked.