Credit: Aerial Mike/Adobe Stock Joining 'Majority of Courts,' Federal Judge Finds Cellphones Entitled to TCPA Protection, OKs Case to Proceed
"The parties dispute whether Tessu's cellphone qualifies for protection because Congress intended the Do-Not-Call Registry 'to protect residential subscribers' privacy rights.' 47 U.S.C. § 227(c)(1). AdaptHealth contends that a cell phone cannot be a residential telephone under the TCPA. Plaintiff argues that it can, citing the 2003 FCC Order," Gallagher wrote.
August 22, 2023 at 03:42 PM
6 minute read
A federal judge in Maryland denied a home health care supplier's motion to dismiss Telephone Consumer Protection Act claims against it for allegedly making unsolicited calls and texts to a plaintiff's cellphone, finding wireless phones are entitled to similar protections as residential phones.
Rita Tessu filed a prospective class action lawsuit against AdaptHealth, doing business as America's Health Care at Home, a medical equipment and respiratory therapy company, for allegedly violating the Telephone Consumer Protection Act, 47 U.S.C. Section 227 et. seq., specifically Section 227 (c)(5). After receiving one of AdaptHealth's marketing text messages on her cellphone in April 2022, Tessu replied "Stop," in order to stop receiving additional messages, according to an opinion filed Aug. 17 by U.S. District Judge Stephanie A. Gallagher for the District of Maryland.
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