Do Not Call Keeps Ringing

The Telephone Consumer Protection Act (TCPA) prohibits the initiation of “any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without the prior consent of the called party.” 47 U.S.C. § 227(b)(1)(B).  Ron and Dorit Golan were registered on both federal and Missouri State do not call lists.  The Golans received two unsolicited, prerecorded messages about the movie Last Ounce of Courage on their home phone line in September 2012.  The Golans did not answer the call, so they received a truncated version of the message and not the longer version of the message that was played to people who answered the call.  erThe film’s owners arranged for a telemarketing campaign, in which 4 million residential phone lines were called.  The Golans brought a class action lawsuit against those involved in the telemarketing campaign, from Veritas Entertainment, LLC and Veritas Management, LLC, (Veritas), which owned interests in the film, to Mike Huckabee, the “celebrity voice” on the recorded message.

The district court ruled 1) the Golans did not suffer an injury in fact because the messages they received did not contain an advertisement or solicitation in violation of the TCPA and 2) that because the Golans received the shorter version of the recorded message, their claims were not typical of the putative class members and they were therefore inadequate class representatives.  The district court dismissed the case.  The Eighth Circuit reversed and remanded.

Continue reading “Do Not Call Keeps Ringing”