Recently, the U.S. District Court for the Central District of California recently dismissed a lawsuit alleging violations of the Telephone Consumer Protection Act (TCPA) against a mortgage company. The plaintiff, who registered his cell phone number on the National Do-Not-Call Registry, claimed the company contacted him four times within three days via three text messages and one voicemail.
The court dismissed all three allegations, ruling that the communications were not “solicitations” under the TCPA because they aimed to recruit the plaintiff for an independent contractor position, and were not selling him anything. The messages described benefits and compensation, which the court considered recruitment efforts. The court also dismissed the plaintiff’s claim that the company used an automatic telephone dialing system, noting the complaint lacked sufficient facts to support this allegation. Additionally, the court dismissed the claim that the voicemail was prerecorded, stating that the plaintiff’s allegations of pauses and delays in the voicemail did not prove it was prerecorded. The court dismissed the case with prejudice.
