Manatt TCPA Compliance and Class Action Defense Associate Alexandra Krasovec was quoted in a Law360 article about whether minors can provide legitimate consent for companies to contact them on their cellphones under the Telephone Consumer Protection Act after a putative class action was brought in a California federal court.
It is uncertain how courts will handle the consent issue, however Krasovec said they may "adopt a state law-based approach in determining the ability of a minor to contract and the validity of that contract, including the potential for the minor to disaffirm prior to reaching the age of majority...On the other hand, given the prevalence of cellphone use by teens, we could see the court taking the middle ground and finding that some age — whether that is 13, 15 or 16 — is sufficient for a minor to provide valid consent."
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