Bradford v. Sovereign Pest Control of TX, Inc., No. 24-20379 (5th Cir. Feb. 25, 2026)

Beck Redden secured a complete appellate victory for client Sovereign Pest Control of TX, Inc., when the United States Court of Appeals for the Fifth Circuit affirmed the district court’s summary judgment in a putative class action under the Telephone Consumer Protection Act (TCPA).

Plaintiff Radley Bradford sued Sovereign Pest alleging that prerecorded “renewal inspection” calls to his cell phone—made after he provided his number on a service agreement—violated the TCPA’s ban on automated calls without “prior express consent.” Sovereign Pest moved for summary judgment in the Southern District of Texas, arguing Bradford gave prior express consent by furnishing his cell number expressly for contact purposes, confirming it in later talks, and renewing his service plan four times without objection. The district court agreed, ruling that the calls were not telemarketing and that Bradford gave prior express consent.

On appeal, a unanimous panel led by Chief Judge Jennifer Walker Elrod held that the TCPA’s “prior express consent” requirement is satisfied by either oral or written consent for all prerecorded calls to cell phones, per the statute’s plain text. The court rejected FCC rules requiring “prior express written consent” for telemarketing calls, following recent Supreme Court precedents like Loper Bright and McLaughlin. The court confirmed Bradford’s provision of his cell number, tied to an ongoing business relationship, constituted express consent, thus defeating the Bradford’s claims.

This published decision provides critical guidance for businesses nationwide on TCPA compliance, emphasizing voluntary phone number disclosure as sufficient consent and reinforcing judicial primacy over agency rules.

Congratulations to Owen McGovern and Anson Fung from the appellate team, and David Beck and Madison Moore from the trial team in the district court case, for this victory!