One Call Is All It Takes for TCPA Suit, Circuit Says
Noreen Susinno didn't waste any time after she received an unwanted promotional voicemail from a New Jersey gym. After one call to her cellphone, she sued the gym in federal court for violating a law designed to curb unsolicited telemarketing calls.
July 10, 2017 at 02:12 PM
5 minute read
Noreen Susinno didn't waste any time after she received an unwanted promotional voicemail from a New Jersey gym. After one call to her cellphone, she sued the gym in federal court for violating a law designed to curb unsolicited telemarketing calls.
Susinno's case against Work Out World Inc. was thrown out by U.S. District Judge Peter Sheridan of the District of New Jersey, who said that a single call isn't prohibited by the Telephone Consumer Protection Act. But on Monday, a three-judge panel from the U.S. Court of Appeals for the Third Circuit ruled that it is.
Work Out World argued that the act prohibits a single call only if the recipient is charged for that call, maintaining that the missed call and minute-long voicemail didn't cost Susinno any money.
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