Roberts v. Pennymac Loan Services LLC

Filing 17

ORDER denying 9 to dismiss. Signed by Judge D. P. Marshall Jr. on 1/11/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
SHARRY ROBERTS

v.

PLAINTIFF
No. 4:16-cv-700-DPM

PENNYMAC LOAN SERVICES, LLC

DEFENDANT

ORDER
Courts have divided about whether one may orally revoke consent
under the TCPA. But, in an unpublished opinion, the Eighth Circuit has
indicated that it's possible, and other circuits have so held.

Brenner v .

American Education Services, 575 Fed. App'x 703, 703 (8th Cir. 2014), citing
Osorio v. State Farm Bank, F.S.B., 746 F.3d 1242, 1255-56 (11th Cir. 2014) and
Gager v. Dell Financial Services, LLC, 727 F.3d 265, 270-72 (3d Cir. 2013).

Pennymac's motion to dismiss, NQ 9, is therefore denied.
So Ordered.

D .P. Marshall Jr.
United States District Judge