NC Federal Court Permits Suit Based On FCC Internal DNC Registry Violation [telecom]
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29 October 2021
By Christine M. Reilly and A. Paul Heeringa
Widening a split among courts that have considered the issue, a North
Carolina district court held that a violation of the Do Not Call (DNC)
regulations of the Federal Communications Commission (FCC) triggered
liability under the Telephone Consumer Protection Act (TCPA).
The plaintiff, Jonathan Fischman, allegedly registered his cellphone
number on the FCC's DNC Registry on December 19, 2004. Beginning in
late 2018, Fischman claimed that he began receiving unsolicited calls
to his cellphone about purchasing extended vehicle warranties.