Notwithstanding the article above, however, the TCPA does not provide unlimited protection. Jordan Freidman found this out when a federal court in Southern California dismissed his TCPA complaint against United American Insurance Company.
According to Friedman, UAI violated the TCPA when it contacted Friedman’s home phone with a pre-recorded invitation for Friedman to attend a webinar where he could “learn about [UAI’s] products and services in order to sell said products and services to other Americans who are in need of health or other similar insurance policies.” For some inexplicable reason, that didn’t sound like fun to Mr. Freidman. And since Friedman had listed his number on the National Do Not Cal Registry and never consented to UAI’s calls, his lawsuit seemed like a slam dunk. Friedman even asked the court to make it a class action.
But the court dashed Friedman’s hopes for a big payday. The TCPA prohibits many unsolicited calls to phone number on the national registry, but not all of them. According to the court, the law prohibits calls that demonstrate “a prohibited advertising purpose.” But here, the court concluded the UAI calls were merely job offers.
According to the court, the calls did not offer the “commercial availability of any property, goods or services.” Friedman argued UAI would eventually make money from those webinar attendees who agreed to become part of the sales force. But the court felt Friedman was reading too much into the call, which offered only the free webinar, and made no other sales pitch.
The court granted UAI’s motion to dismiss the claim. No word yet on whether Mr. Friedman will accept the job offer.