Our readers know that making unsolicited telephone calls to consumers whose telephone numbers are on the National Do Not Call registry (“DNC List”) is a big no-no. The latest evidence of this is a class action lawsuit against a subscription-based entertainment services provider that allegedly engaged in a practice in which it placed telemarketing calls to consumers, without their consent, whose numbers were on the DNC List. Below, we briefly discuss: (1) the allegations and claims; (2) the resolution of the lawsuit; and (3) best practices for companies that make marketing calls to telephone numbers on the DNC List.
DNC List Claims Can Be Costly
Commenced in 2022, multiple plaintiffs brought a class action proceeding against Defendant seeking redress for violations of the Telephone Consumer Protection Act’s (“TCPA”) DNC List provision. Specifically, the Complaint alleged that Defendant employed a business model urging consumers to sign up for its services by placing unsolicited telemarketing calls to consumers, including those whose telephone numbers were on the DNC List. As asserted in the Complaint, Defendant placed these unsolicited calls despite being well aware that its calling practices were illegal (as demonstrated by two earlier class action settlements and the numerous consumer complaints filed with the Federal Trade Commission).
On April 15, 2026, Plaintiffs filed their Motion for Final Approval of Settlement in which Defendant agreed to: (1) pay $28,000,000; and (2) implement multiple practice changes to its telemarketing policies and procedures including, among other things, agreeing not to make outbound telephone solicitations to any consumer on the DNC List “unless that individual took a specified step to enter into a two-way communication with [Defendant].”
If You Make Calls to Consumers on the DNC List, Contact KMT Immediately!
Consumers that register their telephone numbers on the DNC List generally are afforded protection from unsolicited telephone calls unless an exception applies. Absent an applicable exception, however, telemarketers are prohibited from contacting consumers that are on the DNC List. In addition to the DNC List, companies must also comply with the TCPA’s internal do not call rules, which require companies to, among other things, maintain a list of consumers who opt-out of the receipt of future telemarketing calls. Under the TCPA, telemarketers are liable for statutory damages in the amount of $500 per call (excluding the first call). If a court determines that TCPA violations are willful, it may award up to $1,500 per call.
The attorneys at Klein Moynihan Turco (“KMT”) routinely advise clients on state and federal telemarketing law compliance. In addition, KMT’s attorneys have successfully defended a vast number of companies in DNC List lawsuits. If you have been sued for violating the TCPA’s DNC List provision, the TCPA generally, or need assistance with updating your telemarketing practices and procedures, please email us at info@kleinmoynihan.com or call us at (212) 246-0900.
The material contained herein is provided for informational purposes only and is not legal advice nor is it a substitute for seeking legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.
Attorney Advertising
Photo by Taylor Grote on Unsplash
Similar Blog Posts:
Offers to Buy Real Estate Via Text Message May Violate the TCPA
Georgia TCPA Text Message Case Dismissed!
Court Rules That Text Messages Are Not Calls for TCPA DNC Purposes
