Best Buy violated the Telephone Consumer Protection Act of 1991...
Best Buy violated the Telephone Consumer Protection Act of 1991 (TCPA) when it made a series of robocalls to its customers, the 9th U.S. Circuit Court of Appeals said Wednesday (http://xrl.us/bnup6d). A customer filed a class action suit against the…
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company after it autodialed him and others to provide information on the number of purchases required to remain in its “Reward Zone” program. The customer was registered on the National Do Not Call Registry. Best Buy had argued its calls were “purely informational courtesy calls” permitted by the TCPA. The U.S. District Court in Seattle granted summary judgment for Best Buy, but the court of appeals said Best Buy’s calls seemed to be “dual purpose” calls -- those with both an informational and a marketing component -- prohibited by the TCPA. “These calls were aimed at encouraging listeners to engage in future commercial transactions with Best Buy to purchase its goods,” the court wrote. “They constituted unsolicited advertisements, telephone solicitations, and telemarketing, and were prohibited by the TCPA, the [Washington Automatic Dialing and Announcing Device Act], and the [Washington Consumer Protection Act].” A Best Buy spokeswoman declined to comment.