Text About Job Opportunity Not Telemarketing Under TCPA

A text message inviting someone to learn about an employment opportunity didn’t constitute an advertisement or telemarketing under the Telephone Consumer Protection Act (TCPA), the U.S. District Court for the Northern District of Illinois held Feb. 22 (Payton v. Kale Realty, LLC, N.D. Ill., 1:13-cv-08002, 2/22/16).

The message didn’t contain a reference to the sale of goods or services and required the plaintiff to go to a website for more details about the opportunity, Judge Joan H. Lefkow said.

The TCPA, 47 U.S.C. § 227, requires express prior consent for making autodialed phone calls, including ...