In Michigan, a federal court has ruled that a consumer who was called on his cell phone as a result of error did have standing to bring a purported class action under the TCPA. Kane v. National Action Financial Services. The court distinguished the facts in this case from earlier cases where courts dismissed claims brought by persons living at the same address as the intended recipient of the telephone call. Here, the defendant intended to call the telephone number but had no relationship with the person owning that number and, therefore, the court ruled that the TCPA claim could proceed.
Comment: This case is one more reason why you must independently “clean” your calling lists to verify that numbers associated with a given consumer have not been reassigned, disconnected, or otherwise disassociated with that person. If you fail to do so, you face potential TCPA claims for unsolicited telephone calls. Some courts have held that persons who receive calls by mistake do not have a cause of action under the TCPA, but several courts have held callers liable in such situations.