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Do Not Call lawsuit overview:
- Who: A North Carolina magistrate judge says he does not believe cellphone numbers on the National Do Not Call Registry are covered under the Telephone Consumer Protection Act (TCPA), in contradiction to the Federal Communications Commission’s interpretation.
- Why: The ruling was made in relation to a class action lawsuit that alleges the TCPA was violated when Q3M Insurance “bombarded” people with marketing calls.
- Where: The Do Not Call lawsuit was filed in a North Carolina court.
In dismissing a class action lawsuit, a North Carolina magistrate judge says he does not believe cellphone numbers on the National Do Not Call Registry are covered under the Telephone Consumer Protection Act (TCPA), contradicting the Federal Communications Commission’s (FCC) interpretation of the act.
The opinion was made in relation to a class action lawsuit that alleges the TCPA was violated when Q3M Insurance “bombarded” people with marketing calls.
In a court memo recommending dismissal of the case filed Feb. 8 in a North Carolina district court, U.S. Magistrate Judge David Cayer said only “residential subscribers” can be registered on the National Do Not Call Registry, not cellphones.
The ruling is in direct opposition to the FCC’s interpretation of the law. The FCC has explicitly stated it interprets the TCPA’s mentions of “residential subscribers” to include mobile phones.
However, Judge Cayer says this was not the intention of lawmakers, adding the FCC’s interpretation would not make him deviate from “the clear text of the TCPA.”
Congress did not intend for National Do Not Call Registry to include mobile phones, judge states
When the act was written, Judge Cayer said, Congress made reference to “cellular telephones” in other parts of the bill, which demonstrated lawmakers and the FCC see a difference between cellphones and home phones and chose to only include home phones in the TCPA’s National Do Not Call Registry protections.
“The authority rests with Congress to amend the TCPA and bring cellphones within its protections,” he added.
Judge Cayer has recommended the lawsuit brought by Florida resident Heather Gaker against North Carolina insurance provider Q3M Insurance Solutions be dismissed.
Gaker sued the insurance company for sourcing customers’ phone numbers in a sweepstakes competition and then overwhelming them with “unsettling” phone calls marketing burial insurance.
She alleges the calls were a violation of the TCPA as her mobile number is on the National Do Not Call Registry.
She is seeking to represent a nationwide class of consumers whose phone numbers were given to Q3M through the alleged sweepstakes and who received calls on their landline or cellphone for burial insurance despite being on the National Do Not Call Registry.
Did you send a text message to a company asking it to stop sending you text messages by replying “STOP”, “NO”, “END”, or “CANCEL”? Did you continue to receive marketing text messages even after asking the company to stop? If so, keep that text message and click here for more information — you may have a legal claim.
The plaintiff is represented by Mitch Luxenburg of the Law Offices of Mitchel Luxenburg, Jacob U. Ginsburg of Kimmel & Silverman PC and Christopher E. Roberts of Butsch Roberts & Associates LLC.
The National Do Not Call Registry class action lawsuit is Gaker, et al. v. Q3M Insurance Solutions, et al., Case No. 3:22-cv-296, in the U.S. District Court for the Western District of North Carolina.
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10 thoughts onJudge rules cellphones can’t register on National Do Not Call Registry in lawsuit dismissal
😡Since previous post awhile back still receiving calls.
Been on the list as well since 2003 and I get all kinds of unwanted calls. So annoying!😡Since previous post awhile back still receiving calls.
Been on the list as well since 2003 and I get all kinds of unwanted calls. So annoying!😡
I continue to receive unwanted calls and text and have been registered for the DO NOT CALL list for YEARS!!!
Please add me
Add me please
Please add me
…in a time when “land lines” are almost a thing of the past, the cell phone for many IS the residential line. Sad, so sad how one opinion can impact so many millions of end users…who are burdened by junk calls.
That’s it in a nutshell. Really stupid decision. So let’s burden Congress with another unneeded task.
APPEAL THIS RULING TERRIBLE JUDGE..