EFinancial Seizes On TCPA Safe Harbor To Shake Calling Suit

By Allison Grande (January 21, 2022, 9:57 PM EST) -- A Washington federal judge has freed eFinancial from a putative class action over allegedly unlawful telemarketing calls after finding that the company had implemented policies that qualified it for a liability shield available under the Telephone Consumer Protection Act, handing companies a promising new path to defeat increasingly popular Do Not Call Registry claims.

In an order adopting a magistrate judge's report recommending that summary judgment be granted in favor of eFinancial, U.S. District Judge David G. Estudillo on Tuesday found that a "reasonable jury" would conclude that eFinancial had permission to call serial TCPA plaintiff Kenneth Johansen and that, even if there were...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!