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WD North Carolina Judge David Cayer dismissed lawsuit for telemarketing calls on cell phone registered on Do Not Call list. Case law is split as some jurisdictions hold Telephone Consumer Protection Act TCPA applies only landline residential phones while others include cellphones.
On February 8, 2023, U.S. Magistrate Judge David S. Cayer issued a Memorandum and Recommendation in which he recommended dismissing a Telephone Consumer Protection Act (“TCPA”) claim on...
Cellphones are not subject to the protections of the federal DNC Registry, a North Carolina magistrate judge has ruled, recommending that a Telephone Consumer Protection Act (TCPA)...
A U.S. District Court judge has found that a company violated the federal Telephone Consumer Protection Act by repeatedly calling a woman who had registered her cellphone on the “Do Not Call” list before purportedly giving consent to telemarketing calls by entering an online sweepstakes contest. Plaintiff Heather Gaker entered the sweepstakes by providing personal
Where cross-motions for summary judgment have been filed in a Telephone Consumer Protection Act suit, the plaintiff's motion should be allowed despite the defendant’s argument that the plaintiff consented to receive telemarking calls to her cellphone. “This is a consumer protection action brought pursuant to the Telephone Consumer Protection Act (‘TCPA’). The plaintiff, Heather Gaker