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...

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