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)

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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 But, in an unpublished opinion, the Eighth Circuit has indicated that it's possible, and other circuits have so held.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

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