FCC Rules Bar Duping Consumers Into Consenting to Receive Calls, Says TCPA Plaintiff
The U.S. District Court for Middle Pennsylvania in Williamsport should deny defendant Exact Care Pharmacy’s Jan. 29 motion for judgment on the pleadings (see 2401310029), said plaintiff Brenda Everett’s opposition brief Monday (docket 4:23-cv-01649). Everett’s Oct. 4 Telephone Consumer Protection…
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Act class action alleges that Exact Care sends prerecorded messages to individuals’ phone numbers without first obtaining the required express written consent. Exact Care counters that the TCPA was designed to protect individuals from intrusive, unwanted calls, not calls like the one at issue in this case that an individual “requests and then attempts to manipulate into a TCPA claim.” Everett contends that Exact Care represented to her that she was completing a survey to receive more information, but in fact, Exact Care was attempting for Everett to agree to receive automated calls from Exact Care and its marketing partners, said her opposition brief. FCC regulations make clear that duping consumers into agreeing to receive telemarketing calls “was never lawful,” it said. Exact Care also completely ignores the “express written consent” standard it was required to comply with before engaging in telemarketing, it said.