DialAmerica Program Protected By TCPA Nonprofit Exemption

On September 22, 2015, a federal judge sitting in the Eastern District of Michigan granted summary judgment and dismissed a complaint filed against DialAmerica Marketing, Inc. ("DialAmerica"), alleging that the telemarketer violated the Telephone Consumer Protection Act ("TCPA"). After reviewing the matter, the Court found that DialAmerica's Professional Fundraising Program falls under the TCPA's exemption for calls placed "on behalf of" a "tax-exempt nonprofit organization" (the "Nonprofit Exemption"). In issuing its ruling, the Court relied on a statement by the Federal Communications Commission (the "FCC") confirming that "calls made by a for-profit telemarketer hired to solicit the purchase of goods or services or donations on behalf of a tax-exempt nonprofit organization are exempted from the rules on telephone solicitation." The Court ultimately held that because DialAmerica placed calls on behalf of the Special Olympics of Michigan ("SOMI"), a