Since the United States Supreme Court’s watershed ruling, readers of this blog know that the Telephone Consumer Protection Act (“TCPA”) legal landscape has been rapidly evolving. In a recent development, a New York federal court dismissed TCPA claims, including claims that text message solicitations from the defendants violated the TCPA’s caller identification (“Caller ID”) requirements. Below, we discuss the allegations asserted, the decision and associated reasoning, and what it means for future TCPA Caller ID claims.
No Private Right of Action for TCPA Caller ID Claims
Plaintiff, on behalf of himself and a putative class of consumers, alleged TCPA violations against a debt restructuring company and its lead-generating telemarketing company (collectively, “Defendants”). Specifically, Plaintiff, whose cell phone number was listed on the national do-not-call registry (“NDNC”), asserted that Defendants initiated commercial telephone calls to Plaintiff and members of a purported class: (1) whose telephone numbers were on the NDNC; (2) without transmitting Caller ID information; and (3) after Defendants were asked to stop. In response, Defendants moved to dismiss the Complaint.
Without much independent analysis, the Court granted Defendants’ motion to dismiss finding that there was no private right of action for alleged violations of the TCPA’s Caller ID requirements. Because the Court could not find in-circuit case law on the issue, the Court looked at out-of-circuit cases that had addressed whether a private right of action exists for violations of the TCPA’s Caller ID requirements. While the Court found cases in support of both positions, the Court determined that it was “persuaded by the majority approach, which finds that there is no private right of action given § 64.1601(e)(1)’s silence on the matter.”
Call KMT If You Are Dealing With TCPA Caller ID Claims
It must be noted that the Court inaccurately stated that the majority of courts have found that there is no private right of action for violations of the Caller ID requirements. In fact, many more district courts that have ruled on the issue have found that there is a private right of action for alleged Caller ID violations. While this ruling certainly is a win for the telemarketing industry, telemarketers must remain vigilant as this decision is in the minority.
As our readers know, the attorneys at Klein Moynihan Turco (“KMT”) actively follow all TCPA-related developments and routinely provide federal and state telemarketing law guidance. In addition, KMT’s attorneys have successfully defended a vast number of companies in TCPA lawsuits, including those in which violations of the TCPA’s Caller ID requirements have been asserted. If you have been sued for violations of the TCPA, 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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