On September 18, 2015, Judge Flanagan of the Eastern District of North Carolina adopted Magistrate Judge Gates’s memorandum and recommendation dismissing a pro se Plaintiff’s TCPA claims on the basis of a “good faith” defense. Danehy v. Time Warner Cable Enterprise LLC, No. 5:14–CV–133–FL, 2015 WL 5534285 (E.D.N.C. Sept. 18, 2015), adopting, 2015 WL 5534094 (E.D.N.C. Aug. 6, 2015). The Defendant contacted the plaintiff at a number previously associated with one of the Defendant’s customers; a “reassigned” or “recycled” number in TCPA parlance. Judge Flanagan dismissed the action on the basis that the “defendant in good faith relied on the consent of its customer, the former owner of plaintiff's telephone, when making the calls to plaintiff.” Id. at *3. Although Judge Flanagan noted that there was contrary Circuit level case law regarding whether a good faith defense applied to “reassigned number” TCPA cases, she noted that the Fourth Circuit had yet to rule on the issue and otherwise found “no clear error in the magistrate judge's determinations.” Id. As of this writing, the Plaintiff has not filed a notice of appeal; however, the time to do so has not yet run.
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N.C. Federal Judge accepts “good faith” defense for call to recycled number, dismisses case
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