Nevada Supreme Court Holds Prior Express Consent To Call Land Line Applies When Number Ported To Cell Phone

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Edwards v. National Credit Adjusters, LLC, Nos.59081, 59406, 2012 WL 5851288 (Nev. Nov. 16, 2012)

The issue before the court was whether Plaintiff’s prior express consent to call his land line equated consent to call that number when ported to his cell phone. Noting that Plaintiff never advised the creditor of the transfer, the Nevada Supreme Court affirmed summary judgment in Defendant’s favor stating “Appellant admits that he gave consent to be contacted at the telephone number at issue, and “’[a]although the TCPA generally prohibits autodialed calls to wireless phones, it also provides an exception for … calls … made with the prior express consent of the called party.’”

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