The Marion County Sheriff’s Office says telephone scams are on the rise from con artists claiming to be members of law enforcement, often demanding money or confidential information from their victims.
Huge number of DNC-based TCPA claims are filed because plaintiff phone number is on Do Not Call list, but they receive calls. Number on DNC is not enough to give Plaintiff a claim. Plaintiff must have actually registered number on DNC.
Plaintiff argued that since the one text seemingly violated two provisions of the CFR–those preventing calls to folks on the internal DNC list and those preventing calls being made without an internal DNC list–that the two call requirement of 227(c) was satisfied.
A caller is trapped in a TCPA suit despite claiming to have evidence of consent. Plaintiff allegedly consented to calls but sued anyway. Defendant moved to dismiss, was reminded court looks only at allegations of complaint at pleadings stage of case.