The Court of Appeals for the Eleventh Circuit has denied a request from Comenity Bank for an en banc hearing of the full appeals court after it ruled last August that an individual can partially revoke consent to be contacted under the Telephone Consumer Protection Act.
Comenity had applied for the en banc hearing last September. An en banc hearing is before all of the judges for an appellate court, rather than the traditional hearing which is before a smaller number of judges.
Per normal practice, the court did not provide a reason why the en banc request was denied. A copy of the ruling can be accessed here.
Back in August, the court ruled that an individual, Elaine Schweitzer, partially revoked consent to be contacted at certain times of the day when she told a representative from Comenity Bank that she could not be contacted in the morning or during the work day. The bank subsequently contacted her and she fully revoked consent. She then filed a lawsuit against the bank, saying it violated the TCPA by contacting her after she revoked consent in the first conversation.
A lower court granted summary judgment for the bank, which ruled because the individual did not fully specify when she did not want to be called that consent could not have been revoked. That decision was appealed to the Eleventh Circuit, which ruled that whether consent was partially revoked is for a jury to decide.
