Finding courts in the First Circuit have yet to address the framework for determining whether online terms were sufficiently disclosed to provide a consent defense to a Telephone Consumer Protection Act, the U.S. District Court for the District of Massachusetts relied on recent Ninth Circuit case law in allowing a putative class action to proceed.

In Gaker v. Citizens Disability, Heather Gaker, a Florida resident, alleges that Citizen's Disability LLC violated the TCPA by placing telemarking calls to her without her consent. However, Citizen's, a Massachusetts for-profit corporation which helps individuals with disabilities in claiming benefits from the Social Security Administration, that Gaker had consented to receive such calls from when she entered her personal information into a sweepstakes-type website that disclosed potential calls or text messages from companies, like Citizen's, according to the district court's order filed this week.