Joining 'Majority of Courts,' Federal Judge Finds Cellphones Entitled to TCPA Protection, OKs Case to Proceed
“The parties dispute whether Tessu’s cellphone qualifies for protection because Congress intended the Do-Not-Call Registry ‘to protect residential subscribers’ privacy rights.’ 47 U.S.C. § 227(c)(1). AdaptHealth contends that a cell phone cannot be a residential telephone under the TCPA. Plaintiff argues that it can, citing the 2003 FCC Order,” Gallagher wrote.
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