Prove It!: Court Dismisses Plaintiff’s TCPA DNC Claim Because She Fails to prove She Used Cell Phone for Residential Purposes

The Telephone Consumer Protection Act (TCPA) is such a delightful little statute. Everywhere you look there’s a new issue to discover.

Consider this: it is illegal to call a cell phone used for residential purposes that is on the DNC list (without appropriate consent, of course.) But when is a cell phone used for residential purposes, and how does a Plaintiff prove that it is?