Susinno v. Work Out World Inc

Susinno alleged that on July 28, 2015, she received an unsolicited call on her cell phone from a fitness company called Work Out World (WOW). Susinno did not answer the call, so WOW left a prerecorded promotional offer that lasted one minute on her voicemail. Susinno filed a complaint, claiming WOW’s phone call and message violated the Telephone Consumer Protection Act (TCPA) prohibition of prerecorded calls to cellular telephones, 47 U.S.C. 227(b)(1)(A)(iii). The district court dismissed, reasoning that a single solicitation was not “the type of case that Congress was trying to protect people against,” and Susinno’s receipt of the call and voicemail caused her no concrete injury. The Third Circuit reversed, finding that the TCPA provides a cause of action and that the injury was concrete. The TCPA addresses itself directly to single prerecorded calls from cell phones, and states that its prohibition acts “in the interest of [ ] privacy rights.” View "Susinno v. Work Out World Inc" on Justia Law