DNC Policy Trips Up TCPA Defendant

A Telephone Consumer Protection Act (TCPA) defendant's do not call (DNC) policy was not enough to avoid potential TCPA liability, an Illinois federal court recently held.

Adam Ailion filed suit against Healthcare Solutions Team (HST) and National General Holdings Corporation (Nat Gen) after he allegedly received telemarketing calls from HST for the purpose of selling Nat Gen insurance policies.

Ailion, whose number was registered on the National DNC Registry, claimed that he requested that both defendants put his residential number on their internal DNC lists.

Nat Gen's DNC policy stated: "When placing a Sales Call, you must scrub the individual's number against the Federal, State and your Company Do Not Call List. If the number appears on any of the lists, do not call that customer[,]" but added that "[t]his requirement does not apply if [prior express consent] has been obtained."