U.S. District Judge Lance E. Walker said in a Monday order that the NRA and InfoCision may have violated the Telephone Consumer Protection Act if they used automatic dialers, or ATDs . . . . According to Travis McEwen, the NRA called him over 66 times after he allowed his membership to lapse in 2018 despite putting his number on the national do-not-call registry and InfoCision’s internal do-not-call registry. He sued the NRA and InfoCision in May 2020, claiming they “created and sustained an aggressive—and unlawful—telemarketing campaign aimed at selling memberships and soliciting contributions to the NRA.
McEwen’s attorney, David G. Webbert, said they believe they will successfully appeal the four counts and win on the “technical issue” of whether the NRA and InfoCision did in fact try to sell McEwen a $70 NRA jersey.
“We see this decision as a major victory because the Court refused to dismiss our key claims that the NRA and InfoCision engaged in unlawful robocalling of former NRA members and that the NRA is not a legitimate ‘nonprofit organization’ and so does not qualify for that exemption under the TCPA,” Webbert said.
McEwen is represented by David G. Webbert and Shelby Leighton of Johnson Webbert & Garvan LLP, Kim D. Stephens, Jason T. Dennett and Kaleigh N. Powell of Tousley Brain Stephens PLLC, and Patrick H. Peluso of Woodrow & Peluso LLC.”
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