Do Not Call

Subscribe to Do Not Call via RSS

Last week, the Seventh Circuit severely narrowed the Telephone Consumer Protection Act’s (TCPA) application to text messages, following several district court decisions. The court held that private litigants cannot sue under the Do Not Call prohibitions when a sender fails to honor opt-out requests for unwanted marketing text messages.

The decision may limit one avenue of TCPA liability, but it does not simplify compliance. Instead, the Seventh Circuit’s departure from other appellate courts adds uncertainty for businesses and could accelerate Supreme Court review of whether and how the TCPA applies to text messages.

In Steidinger v. Blackstone Medical Services, the Seventh Circuit concluded that although the Federal Communications Commission (FCC) interpreted the Do Not Call provision to apply to text messages, Congress limited 227(c)(5)’s private remedy to repeated telephone calls, not text messages.

Continue Reading Seventh Circuit Creates New Uncertainty for TCPA Text Message Compliance

Last week, a magistrate judge in U.S. District Court for the Western District of North Carolina dismissed a Telephone Consumer Protection Act (TCPA) lawsuit brought by a plaintiff who claimed calls made by an insurance lead generator to her cell phone number, which was registered on the national Do Not Call (DNC) registry, were unlawful. The decision takes a view contrary to that of at least one other district court in the Fourth Circuit, but sides with a district court in Texas in finding that the do not call prohibitions of the TCPA do not encompass cell phones.

Does this latest decision, Gaker v. Q3M Insurance Solutions et al., mean that telemarketing calls to cellphone numbers listed on the national DNC list are actually OK? Probably not. For starters, since 2003, the Federal Communications Commission (FCC) has allowed cell phone numbers to be registered on the DNC list and interpreted the TCPA’s do-not-call prohibitions to encompass cell phone numbers. Other courts have followed the FCC’s lead in this matter. However, the judge’s reasoning in the Gaker case is interesting to consider, particularly for anyone following a textualist reading of Congress’s laws.

Continue Reading North Carolina Judge Says Cell Phones Not Subject to Federal Do-Not-Call Protections