Even If They Don't Answer, It Is Still A Solicitation

In the case of Taylor v LeadPoint, Inc., the Middle District of Florida denied defendant, LeadPoint's, motion to dismiss finding that even unanswered calls could constitute "telephone solicitations" under the TCPA. LeadPoint, Inc. is a software and information technology services company for the lead generation industry.

In this case, Ms. Taylor received five telephone calls on her cellphone from LeadPoint in one day. After ignoring the first four calls, she answered the fifth call, and LeadPoint allegedly tried to sell her a reverse mortgage. Ms. Taylor filed her complaint alleging that each of the five telephone calls violated the TCPA as she had registered her telephone number on the national do not call registry in January 2009.