Ninth Circuit Holds TCPA Prohibits Pre-Recorded Recruiting Calls To Cel
From Moderator@21:1/5 to All on Thu Aug 19 23:29:28 2021
by Rod M. Fliegel (San Francisco) , William Simmons (Philadelphia),
Zoe Argento (Denver), Julie Stockton (San Francisco) and
Garrick Y. Chan (San Francisco)
Staffing companies and employers using all tools at their disposal to
recruit workers may face increased risk following the Ninth Circuit's
recent opinion in Loyhayem v. Fraser Financial. In Loyhayem, the court
found that calling potential workers' cell phones with pre-recorded
voice messages could violate the Telephone Consumer Protection Act
(TCPA), unless the workers had previously consented to the calls. In
light of Loyhayem, "cold-calling" prospects using this method may
subject companies to class actions carrying risk of substantial
statutory damages.