[Editor’s Note: This article was first published January 17, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish..
The TCPA "nonprofit exemption" may not apply to a nonprofit entity acting: (1) on behalf of a for-profit entity and/or (2) with dual commercial and non-commercial purposes.
In Pinn v. Consumer Credit Counseling Foundation, a company that made calls on behalf of a non profit can be liable for violating the DNC rules though the CFR appears to say otherwise. The court found the calls were made to sell for profit services so the caller could be liable.