Secret Limitation? Court Denies Summary Judgment to TCPA Defendant Who Couldn’t Prove Customer Had Full Authority to Provide Number

TCPA defendants have enough to deal with without having to worry about secret limitations on their ability to call phone numbers supplied by customers. But, oh well!

In Benedetti v. Charter Communications, No.1:16-CV-2083 RLM-DLP2018 WL 2970998 (S.D. Ind. June 13, 2018) a customer supplied his nanny’s phone number to the Defendant in connection with his account. After the account went delinquent the Defendant began calling the phone number in an effort to collect. The nanny sued under the TCPA contending that the calls had been made to her without her express consent.

Charter sought summary judgment in the case arguing that it had permission to call the number supplied by its customer. Importantly, the nanny had admitted in deposition that she had given permission to the customer to provide the phone number to Charter. Thus, Charter argued, under the FCC’s presumed consent rule it had permission to make the informational calls at issue.

View this content by subscribing

Please register to unlock this content

I already have an account. Log in