On June 9, 2025, Tradercodes, LLC ("Defendant") was sued in the Northern District of Georgia for allegedly violating the Do Not Call ("DNC") provisions of the Telephone Consumer Protection Act ("TCPA"). The National DNC registry was enacted by the federal government under the authority granted to it by the Telephone Consumer Protection Act ("TCPA"). The TCPA generally prohibits companies from placing telemarketing calls to consumers who have registered their telephone numbers on the DNC registry.
In Wilson v. Tradercodes, LLC, Plaintiff claims that she received two text messages on her cell phone requesting confirmation of an appointment to discuss Defendant's stock guidance services. Plaintiff allegedly registered her phone number on the National DNC registry at least 31 days prior to receipt of the subject text messages. Plaintiff further alleges that Defendant had not obtained her consent to be contacted by phone (nor did it meet one of the Do Not Call exceptions). Thus, it would appear that each marketing text message may have been sent in violation of the TCPA's DNC provisions. In the wake of the Supreme Court's landmark decision in Facebook v. Duguid, telemarketing plaintiffs are relying less on alleged violations of the TCPA's autodialer provisions and more on DNC claims. Given the foregoing, it is more important than ever to be careful not to contact consumers whose telephone numbers are listed on the DNC registry without obtaining their prior consent.
Key Requirements and Exceptions to the DNC Registry Provisions
If a consumer's telephone number is included on the National DNC registry, telemarketing companies are generally prohibited from contacting that consumer unless an exception applies. Under the TCPA, telemarketers are liable for statutory damages in the amount of $500 per call (excluding the first call). If a court of law finds that a TCPA violation was willful, it may award the call recipient up to $1,500 per call.
DNC protections are generally afforded to all consumers that register their telephone numbers on the National DNC registry. However, among other exceptions, telemarketers who have an established business relationship with consumers are generally in the clear.
A company has an established business relationship with a consumer if: (a) the consumer has entered into a transaction with the seller within the previous 18 months, or (b) the consumer inquired about the seller's goods/services within the previous three months. Notwithstanding the foregoing, a consumer may opt-out of the receipt of future telemarketing communications from a given seller at any time.
Why is Wilson Important to Your Business?
Plaintiff filed her claims as part of a putative class action, making Defendant potentially liable for numerous violations of the TCPA's DNC provisions. If the class is certified, even at the statutory minimum of $500 per violation, Defendant faces an enormous potential judgment.
Against this backdrop, companies that engage in telemarketing must maintain proper DNC compliance procedures. Telemarketers should subscribe for access to the National DNC registry, pay all necessary fees, and scrub potential called party numbers against the list prior to commencing any marketing campaigns.
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
