[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.fight13.com\/11th-circuit-holds-plaintiff-can-partially-revoke-consent-under-tcpa#BlogPosting","mainEntityOfPage":"https:\/\/www.fight13.com\/11th-circuit-holds-plaintiff-can-partially-revoke-consent-under-tcpa","headline":"11th Circuit Holds Plaintiff Can Partially Revoke Consent under TCPA","name":"11th Circuit Holds Plaintiff Can Partially Revoke Consent under TCPA","description":"The United States Court of Appeals for the Eleventh Circuit held that a consumer can partially revoke consent under the\u00a0TCPA. In\u00a0Schweitzer v. Comenity Bank, No. 16-10498 (11th Cir. 2017), the plaintiff provided consent to call her cellular telephone number when she applied for a credit card with the defendant. After...","datePublished":"2017-10-06","dateModified":"2025-09-19","author":{"@type":"Person","@id":"https:\/\/www.fight13.com\/attorneys\/matis-h-abarbanel#Person","name":"Matis Abarbanel","url":"https:\/\/www.fight13.com\/attorneys\/matis-h-abarbanel","identifier":55,"image":{"@type":"ImageObject","@id":"https:\/\/www.fight13.com\/wp-content\/uploads\/2025\/09\/matis-abarbanel_avatar-96x96.png","url":"https:\/\/www.fight13.com\/wp-content\/uploads\/2025\/09\/matis-abarbanel_avatar-96x96.png","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Loan Lawyers, LLC","logo":{"@type":"ImageObject","@id":"https:\/\/www.fight13.com\/wp-content\/uploads\/2020\/03\/icon-logo.png","url":"https:\/\/www.fight13.com\/wp-content\/uploads\/2020\/03\/icon-logo.png","width":600,"height":60}},"image":{"@type":"ImageObject","@id":"https:\/\/www.fight13.com\/wp-content\/uploads\/2020\/03\/beach.jpg","url":"https:\/\/www.fight13.com\/wp-content\/uploads\/2020\/03\/beach.jpg","height":544,"width":800},"url":"https:\/\/www.fight13.com\/11th-circuit-holds-plaintiff-can-partially-revoke-consent-under-tcpa","about":["Unauthorized Texting and Cell Phone Contact Litigation (TCPA)"],"wordCount":463,"keywords":["TCPA"],"articleBody":"The United States Court of Appeals for the Eleventh Circuit held that a consumer can partially revoke consent under the\u00a0TCPA. In\u00a0Schweitzer v. Comenity Bank, No. 16-10498 (11th Cir. 2017), the plaintiff provided consent to call her cellular telephone number when she applied for a credit card with the defendant. After failing to make timely payments on the credit card, the defendant allegedly placed numerous automated calls to the plaintiff regarding the debt. Plaintiff answered at least two of the calls, the first on October 13, 2014, stating \u201cUnfortunately I can\u2019t afford to pay [my past due payment] right now. And, if you guys cannot call me, like, in the morning and during the workday, because I\u2019m working, and I can\u2019t really be talking about these things while I\u2019m at Work.\u201d\u00a0Id.\u00a0The second call on March 19, 2015, the plaintiff stated, \u201cCan you just please stop calling? I\u2019d appreciate it, thank you very much.\u201d\u00a0Id. The defendant continued to call the plaintiff after the first conversation on October 13, 2014, but stopped calling after the second conversation on March 19, 2015.\u00a0Id.\u00a0The Eleventh Circuit held that \u201ca reasonable jury could find that the plaintiff partially revoked her consent to be called in \u2018the morning\u2019 and \u2018during the workday\u2019 on the October 13 phone call with the defendant.\u201d\u00a0Id.The Eleventh Circuit\u2019s decision means that consumers have the ability to revoke consent on a partial basis (Ex. Consumer revokes consent for any calls made between 9 am and 5 pm on Monday through Friday) from receiving auto-dialed phone calls; otherwise, the caller may be liable under the TCPA.If you believe that you are receiving auto-dialed or pre-recorded phone calls from a creditor or any other company who is attempting to collect a debt, you should contact a qualified attorney immediately.Loan Lawyers has helped over 5,000 South Florida homeowners and consumers with their debt problems. Contact us to see how we may be able to help you.About the AuthorLatest PostsMatis AbarbanelMatis Abarbanel is the founding partner and senior attorney at Loan Lawyers in South Florida. He focuses his practice on consumer rights, helping homeowners navigate issues such as foreclosure and financial hardship. Matis also brings a wealth of experience from his previous work in personal injury law. As a devout Chasidic Jew, he is committed to making a positive impact in his community and dedicates his efforts to charitable initiatives through his non-profit organization, The Center, which aids at-risk Jewish youth. Matis actively serves clients across South Florida and is passionate about empowering individuals to secure their rights and achieve a better future.When Foreclosure Errors by Lenders Lead to Legal Remedies for Homeowners in Fort LauderdaleWhat Homeowners Can Do When Loan Documents Contain Forged or Altered SignaturesUnderstanding Florida\u2019s Debt Forgiveness Programs and IRS Rules"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"11th Circuit Holds Plaintiff Can Partially Revoke Consent under TCPA","item":"https:\/\/www.fight13.com\/11th-circuit-holds-plaintiff-can-partially-revoke-consent-under-tcpa#breadcrumbitem"}]}]