Ninth Circuit Weighs Impact of “Mixed Use” of Wireless Numbers on Do Not Call Regulations
By Joseph C. Wylie II, Nicole C. Mueller, Jonathan R. Vaitl
Under the plain language of the Telephone Consumer Protection Act of 1991 (TCPA) and its regulations, only “residential telephone subscribers” have a right of action for violations of the do-not-call registry.1 The issue becomes murky, though, when a number is used for both residential and business purposes. The Ninth Circuit recently addressed this question and concluded that there is no simple answer when determining whether a mixed-use line is “residential” but, instead, requires a fact-intensive inquiry into each individual number.2
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