Court allows consumer to bring TCPA case concerning calls to number on Do-Not-Call registry

In a case under the Telephone Consumer Protection Act, the Ninth Circuit Court of Appeals held today that the owner and subscriber of a phone with a number listed on the Do-Not-Call Registry suffers an injury sufficient to confer standing when unsolicited telemarketing calls or texts are sent to the number in violation of the Act. The court held that the owner and subscriber of the phone suffers a concrete injury when their right to be free from such communications is violated, even if the communications are intended for or solicited by another individual, and even if someone else is using the phone at the time the messages are transmitted. In this case, the person’s son was using the phone. The court’s opinion is here.