Telephone Consumer Protection Act

Davis v. Capital One, N.A., No. 24-1507, 2025 WL 2445880 (4th Cir. Aug. 25, 2025).

• Background.

Defendant made prerecorded calls to Plaintiff, a non-customer, attempting to reach a customer that had provided consent to be called before the customer’s cell phone number was reassigned to Plaintiff. In response, Plaintiff filed a class action lawsuit, alleging that Defendant violated 47 U.S.C. § 227(b)(1) of the Telephone Consumer Protection Act (TCPA) by leaving prerecorded messages on his cell phone without consent. Plaintiff sought to certify a class of individuals who, like ...