/>iHey TCPAWorld!
The Fourth Circuit generally assumes that the TCPA extends to wireless numbers.
In Newman v. SGMS, Inc. and DeMayo Law Offices, LLP, No. 3:25-CV-00042-KDB-SCR, 2025 WL 2524131 (W.D.N.C. Sep. 2, 2025), Plaintiff Wesley Newman (“Plaintiff”), sued Defendants over call solicitations sent from Legal Conversion Center (“LCC”) on behalf of and to generate leads for Camp Lejune legal representation claims by Defendant DeMayo. Plaintiff alleged violations of 47 U.S.C § 227(b) (“Count I”), (c) (“Count II”) and 47 C.F.R. § 64.1200(c)-(d)(“Count III”). Defendants filed a Partial Motion to Dismiss Count II and Count III.
Plaintiff claims to have received at least 12 calls from LCC, some containing prerecorded messages and beginning with a “robot.” Id. at *2. During one of the calls, Plaintiff told the robot to “stop calling him and to place him on the do not call list.” Id. The calls continued. Plaintiff also used DeMayo’s website and its chat functionality, as well as inquired with a DeMayo attorney directly – questioning how his information was received. DeMayo was radio silent. Id.
Defendants move to dismiss Count II and III on the grounds that § 227(c) does not apply to Plaintiff, since he “provided information to the callers as well as his VOIP number under the guise of seeking legal advice.” Id. Here, Defendants are claiming that Plaintiff “invited” the Defendants to call him. However, the feigned interest and Plaintiff providing his information to Defendants is irrelevant for this Partial Motion to Dismiss, according to the Court, since he only did so after receiving the second unwanted call. Id.
Next, Defendants argue that Plaintiff fails to “qualify as a ‘residential telephone subscriber’ because neither his cell number nor his internet-based VOIP line are landlines.” Id. While courts are split on the issue, the Fourth Circuit “generally assume(s) that the TCPA extends to wireless telephone numbers.” Id. This Court agrees.
Defendants’ Partial Motion to Dismiss is denied.
Bottom line—in the Fourth Circuit, wireless numbers are assumed to be residential, and this Court made clear that an invitation defense won’t serve as a get-out-of-jail free card for the purposes of a Motion to Dismiss once the violation has already occurred.
See you on the next one—TCPAWorld!
