The U.S. Court of Appeals for the Ninth Circuit On October 17, 2012 ruled that Best Buy Stores, L.P. violated the Telephone Consumer Protection Act (TCPA) and Washington state law by failing to obtain consumers’ consent before placing prerecorded calls urging the consumers to redeem their rewards points. The ruling reversed a lower court decision that Best Buy’s “robocalls” did not violate the TCPA or a Washington telemarketing statute.
The TCPA prohibits, with some exceptions, prerecorded and artificial voice calls to residential telephone lines without the prior express consent of the call recipient; Federal Communications Commission (FCC) rules implementing the TCPA were amended in February of this year to require prior express written consent, but that requirement does not go into effect until October 16, 2013. Under the FCC’s regulations, robocalls that do not include an advertisement may be placed without the recipient’s prior consent.
Click here to read the Ninth Circuit’s decision.