Another day, another tough ruling for a TCPA defendant.

The Ninth Circuit Court of Appeals entered a ruling today aligning with the Seventh and Eleventh Circuit on the issue of the identity of the “called party” for purposes of express consent in the TCPA. The Court held that the caller must have the consent of the subscriber to the phone line called and may not rely on the consent of the intended recipient of the call.

This is a real set back for callers hoping to make steady use of the express consent defense–it places the risk of wrong number calling on the caller, even where a consumer provides a wrong number or where a number changes hands without the caller’s knowledge.

The ruling does not address whether a caller can rely on the consent of a prior subscriber to a phone line where the number changes hands.

Court also rejects challenge to Marks.

Ruling can be found here: NL v Credit One

More analysis to follow.