Do Not Call Violations

Many consumers who have tired of receiving repeated telemarketing calls, register their residential and cellular telephone numbers on the National Do Not Call Registry. Despite taking this step, many consumers continue to receive telemarketing calls from businesses with whom they have done business in the past and other businesses. It is generally illegal under federal law for a business to place telemarketing calls to residential and cellular telephone numbers when the telephone subscribers have registered those numbers on the National Do Not Call registry. There is an exception for subscribers who have an “established business relationship” with the business in question but, once the consumer requests that the business stop calling, that request trumps the established business relationship for purposes of the application of federal Do Not Call law.

In addition, it is generally illegal under Washington law for a business or not-for-profit organization to place telemarketing calls to a subscriber who advises the caller during a telephone contact that the subscriber no longer wishes to receive calls from the company. There are exceptions to the Do Not Call laws, such as an exception under Washington law for not-for-profit calls to its own list of bonafide or active members of the organization, but the thrust of both state and federal law is to protect consumers from unwanted telemarketing calls to their personal telephones.

Our firm has brought class action cases which include Do Not Call claims against businesses that did not honor the Do Not Call requests of their customers and/or other telephone subscribers to whom they placed telemarketing calls,  opening up the businesses to liability for statutory damages. As mentioned, it is not necessary that a subscriber be registered on the national Do Not Call registry for him or her to have a viable Do Not Call claim so long as a verbal request was made that the calls stop and yet they continued.