La-Z-Boy Texts Numbers on DNC Registry in ‘Plain Violation’ of TCPA: Class Action
La-Z-Boy embarked on a telemarketing campaign to market its products and services by contacting numbers on the national do not call registry in “plain violation” of the Telephone Consumer Protection Act, alleged Little Rock resident Josh Sanford’s class action Tuesday…
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(docket 5:24-cv-10005) in U.S. District Court for Eastern Michigan in Ann Arbor. It’s “simple” for companies to avoid calling numbers listed on the national DNC registry, said Sanford’s complaint. They can “easily and inexpensively” scrub their call lists against the registry’s database, it said. Regulations implementing the TCPA also require companies to maintain internal DNC registries, it said. It has “long been the law” that a seller of goods or services can be liable for TCPA violations even if the seller doesn’t directly place or initiate the calls, it said. Sanford listed his phone number on the national DNC registry in July 2009, said his complaint. He nevertheless received nine La-Z-Boy text message solicitations on five separate dates through Dec. 26, it said. La-Z-Boy, or someone acting on its behalf, violated Sanford’s privacy by making each of the unwanted telemarketing text messages, it said. The text messages “constitute a nuisance as they are annoying and harassing,” it said. Sanford never gave La-Z-Boy “authorization to market to him via text messages,” it said.