Defendants Did Not Violate Do Not Call TCPA Rule

On January 8, 2024, the United States District Court for the Eastern District of Missouri issued a decision involving Telephone Consumer Privacy Act ("TCPA") internal Do-Not-Call rule ("DNC") allegations. As our readership is aware, the TCPA is a federal statute designed to protect consumer privacy by restricting the transmission of certain types of telemarketing communications. One of the requirements of the TCPA provides that: "[a] person or entity making . . . any call for telemarketing purposes must maintain a record of a consumer's request not to receive further calls. A do-not-call request must be honored for 5 years from the time the request is made." Violations of the TCPA rule's internal DNC provision may result in damages of up to $1,500 per incident.