Your phone number should show up on the Registry the next day, but it can take up to 31 days for sales calls to stop. How long will it take for sales calls to stop? If you register your number at, you’ll get an email with a link you need to click on within 72 hours to complete your registration. Go to or call 1-88 (TTY: 1-86) from the phone you want to register.
The parties went on to brief objections to the Magistrate Judge’s report and recommendation however the matter ultimately on an offer of judgment entered April 26, 2023. In short, the Gaker Court held that “the authority rests with Congress to amend the TCPA and bring cell phones within its protections.” Furthering the distinction between residential phones and cell phones, the Gaker Court notes that cell phones do not present the same concerns as residential phones the “mobility and functionality to silence or decline calls alleviate the concerns inherent with a home telephone.” Gaker, 2023 WL 2472649 at *3. Despite this guidance, Judge Cayer wrote in this case, “he language of the TCPA specifically provides that the regulations implemented pursuant to Subsection 227(c) concern only ‘the need to protect residential telephone subscribers’ privacy rights.” The Court further states that based on the dictionary definitions of “residential” and Congress’ use of “cellular telephone” elsewhere in the statute, “both the FCC and Congress were aware of the distinction between cellular phones and residential telephone under § 227(c), § 64.1200(c) and (d) purposely protected only ‘residential telephone subscribers.’”Īs noted by the Eleventh Circuit, “the findings in the TCPA show a concern for privacy within the sanctity of the home.” Salcedo v. In a 2003 ruling, the FCC concluded that it is applicable to “any person or entity making telephone solicitations or telemarketing calls to wireless telephone numbers.” See In re Rules & Regulations Implementing the Tel. The Federal Communications Commission interpreted “residential subscribers” to include those who register their cell phone numbers on the DNC. Section 227(c) of the TCPA and the corresponding regulations prohibit businesses from placing “telephone solicitation” calls to a “residential telephone subscriber” who has placed her phone number on the DNC.
26, 2019) (“Recent courts considering claims. 3, 2020) (“he Complaint does not foreclose that cell phone functioned as a residential telephone number for the purposes of the statute.”), and Cunningham v. Recognizing that the Fourth Circuit has not addressed whether, under Section 227(c) of the TCPA, cell phone owners are considered “residential telephone subscribers,” the memorandum observed that “the Courts that have addressed this issue are split as to the TCPA extending to wireless telephone consumers.” 2023 WL 2372649, * 2 (citing to Boger v. Gaker’s name and phone number were purportedly entered into a sweepstakes in January 2020, after which she began to receive unsolicited telemarketing calls on her cell phone.
The Complaint alleged that Gaker used her cell phone primarily for residential purposes and registered her cell phone number on the DNC on November 15, 2019. Q3M INSURANCE SOLUTIONS d/b/a Final Expense Assistant and TZ Insurance Solutions, LLC, Case No. The underlying suit was filed on June 30, 2022, by Heather Gaker on behalf of herself and all others similarly situated, vs. Cayer issued a Memorandum and Recommendation in which he recommended dismissing a Telephone Consumer Protection Act (“TCPA”) claim on the defendant’s motion to dismiss finding that the National Do Not Call Registry (“DNC”) only applied to residential phones and not to cell phones.
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