---
title: "FCC Says Calls to Current Customers are not \"Telephone Solicitations\" under the TCPA"
date: 2010-04-19T09:57:42-04:00
author: Import Bot
canonical_url: "https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/fcc-says-calls-to-current-customers-are-not-telephone-solicitations-under-the-tcpa"
section: Blog Posts
---
# FCC Says Calls to Current Customers are not ​“Telephone Solicitations” under the TCPA

 April 19, 2010

 

 

 

 

 

 

In the past month, we’ve posted two entries ([here](http://www.adlawaccess.com/2010/04/articles/mobile-marketing/another-court-holds-that-text-messages-could-violate-the-tcpa/) and [here](http://www.adlawaccess.com/2010/03/articles/mobile-marketing/court-holds-that-text-messages-could-violate-the-tcpa/)) regarding court decisions interpreting the Telephone Consumer Protection Act (the ​“TCPA”) in the context of mobile marketing campaigns. This morning, our colleagues at the [Telecom Law Monitor](http://www.telecomlawmonitor.com/) posted an [entry](http://www.telecomlawmonitor.com/2010/04/articles/enforcement/calls-to-current-customers-are-not-telephone-solicitations-under-the-tcpa-fcc-says/) about an FCC decision interpreting the TCPA in the context of a telemarketing case. In that case, a consumer had argued that companies made unsolicited calls to him in violation of the TCPA. The FCC’s decision turned on whether the calls were ​“telephone solicitations” under the TCPA. The FCC held that unsolicited calls to a consumer were not TCPA violations because the messages were intended for current customers, not as solicitations to obtain new customers. Moreover, the telemarketer’s mistake in directing the calls to a non-customer did not make the calls actionable. This decision will make it harder for a consumer to prove a violation when communications are intended for current customers. A more detailed analysis of the decision is available [here](http://www.telecomlawmonitor.com/2010/04/articles/enforcement/calls-to-current-customers-are-not-telephone-solicitations-under-the-tcpa-fcc-says/).

 

 **Tags:** [Telemarketing and Call Center Operations](https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/tags/telemarketing-and-call-center-operations)

 

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