Last week, a magistrate judge in U.S. District Court for the Western
District of North Carolina dismissed a Telephone Consumer Protection Act
(TCPA) lawsuit brought by a plaintiff who claimed calls made by an
insurance lead generator to her cell phone number, which was registered
on the national Do Not Call (DNC) registry, were unlawful. The decision
takes a view contrary to that of at least one other district court in
the Fourth Circuit, but sides with a district court in Texas in finding
that the do not call prohibitions of the TCPA do not encompass cell phones.