ST Alpha - "I don't know enough about the statute, but I would argue that as a matter of contract law she couldn't change it without the consent of the other " (Reading a Post)

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I don't know enough about the statute, but I would argue that as a matter of contract law she couldn't change it without the consent of the other

Posted by pmb (aka pmb) Aug 23 '13, 07:49

party to the contract. That would clearly not shield them from FDCPA violations if those are deemed to occur, and it's possible that the law overrides contractual rights. But without an express right to revoke in the statute and given that it's part of the contract, I think the court has this wrong.

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[deleted] 7
- I'm no FDCPA expert, but my understanding is that it regulates conduct beyond the terms of the contract and is not waivable. Here the TCPA is - pmb Aug 23, 07:57 5
  - [deleted] 3
    - I'm missing information then because I thought it said she had to check a box to waive the robocall exclusion rights, not just give her phone number. - pmb Aug 23, 08:07 2
      - [deleted] 1
        
        a) The description did not make clear that it was a "silent" waiver. If you want better analysis of the cases you need to give more explicit factual - pmb Aug 23, 08:20
  - I have no idea what you just said here, but for some reason, I'm really turned on right now! nm - Jim Aug 23, 07:58
- I see, thanks. -- nm - zork Aug 23, 07:56
I agree -- nm - zork Aug 23, 07:50

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I don't know enough about the statute, but I would argue that as a matter of contract law she couldn't change it without the consent of the other

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