9th Circuit Finds Number Used Only for TCPA Litigation Not ‘Residential’: Law Firm
The 9th U.S. Circuit Court of Appeals recently said a plaintiff didn’t have a cause of action under the Telephone Consumer Protection Act where the plaintiff used the subject phone number in 12 TCPA cases filed over a 12-month period,…
Sign up for a free preview to unlock the rest of this article
Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.
in an unpublished decision, blogged the Weiner Brodsky law firm Wednesday. On a motion to dismiss in the district court, the defendants argued the number at issue in the case wasn’t a “residential” number because the plaintiff had used it only for TCPA litigation, maintaining a different number for personal use, it said. The district court agreed and dismissed the TCPA claims with prejudice, the firm said. On appeal, the 9th Circuit affirmed the district court’s dismissal, it said. Relying on its earlier precedent, the 9th Circuit said a phone number on the national do not call registry is presumed to be a residential one, but “that presumption can be rebutted by factors that demonstrate that the subject phone number is not for residential use,” the firm said.