By Christine M. Reilly and A. Paul Heeringa
Widening a split among courts that have considered the issue, a North Carolina district court held that a violation of the Do Not Call (DNC) regulations of the Federal Communications Commission (FCC) triggered liability under the Telephone Consumer Protection Act (TCPA).
The plaintiff, Jonathan Fischman, allegedly registered his cellphone number on the FCC's DNC Registry on December 19, 2004. Beginning in late 2018, Fischman claimed that he began receiving unsolicited calls to his cellphone about purchasing extended vehicle warranties.
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