A recent Washington federal court complaint filed against a publicly-traded workforce apparel company (the “Company”) alleges that it violated the Telephone Consumer Protection Act (“TCPA”) by placing calls to consumers whose telephone numbers were listed on the National Do Not Call registry (“DNC Registry”). Below, we discuss the allegations set forth in the Complaint, and provide advice for companies that place calls to numbers that are on the DNC Registry.
Discussion of the Lawsuit’s DNC Registry Allegations
Plaintiff, on behalf of himself and a putative class, alleges that the Company placed calls to consumers whose telephone numbers were listed on the DNC Registry. Specifically, Plaintiff alleges that the Company encouraged its employees to cold-call consumers by offering CPR and first aid training services in exchange for a fee. In a job posting seeking a sales representative for the Company’s first aid and safety division, the Complaint alleges that prospective applicants were told that key job responsibilities included “[d]eveloping and qualifying leads within [a] respective territory to drive additional sales opportunities through cold-calling and lead generation campaigns.”
To further support the cold-calling allegations, the Complaint asserts that current and former employees have posted job reviews which discuss the Company’s emphasis on the use of cold-calling. Shortly after registering his cell phone number on the DNC Registry, Plaintiff alleges that he received four unsolicited calls from Company employees. Although Plaintiff did not answer any of these calls, the voicemail messages that were left all purportedly solicited Plaintiff’s interest in CPR and defibrillator training. Against this backdrop, Plaintiff seeks to represent himself and a putative class of consumers: (1) whose telephone numbers were placed on the DNC Registry; and (2) who received more than one unsolicited telephone call from the Company within a 12-month period.
DNC Registry Violations May Cost You Big $$$
Ignoring the National Do Not Call rules and placing cold calls to consumers whose telephone numbers are on the DNC Registry certainly is not recommended. Our readers know that calls made without consent to telephone numbers on the DNC Registry may lead to TCPA lawsuits, which can result in enormous financial consequences. Note that the statute allows for the recovery of statutory damages up to $1,500 per call if a court determines that the subject TCPA violations are willful. Among other things, having policies and procedures in place to prevent calls to telephone numbers listed on the DNC Registry can mitigate against significant liability. As frequently discussed on this blog, more often than not, TCPA DNC claims are brought on a class action basis, which only multiplies TCPA DNC Registry exposure.
The attorneys at Klein Moynihan Turco (“KMT”) routinely: (1) provide DNC Registry guidance; (2) craft DNC policies and procedures for clients; and (3) advise on state and federal telemarketing law compliance matters. In addition, KMT’s attorneys have successfully defended numerous companies in DNC Registry-related lawsuits. If you have been sued for violating the TCPA’s DNC Registry regulation, 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.
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