The Ninth Circuit ruled that a customer who gave his phone number to a gym cannot sue the company for contacting him by text message -- even after the customer cancelled his membership.
According to the ruling, it was a matter of context and a failure to expressly revoke consent. The man cancelled his membership, but he did not expressly revoke his consent to receive messages.
"The call or text message must be based on the circumstance in which the consumer gave his or her number," the appellate court said in an unanimous opinion. "The consumer may revoke his or her consent but in that case must clearly express that he or she does not want to receive the messages or calls."