Hulce v. Zipongo, Inc.

Plaintiff filed a putative class action lawsuit alleging that the defendant violated the Telephone Consumer Protection Act and its regulations by initiating prohibited “telephone solicitations.” The district court granted summary judgment in favor of defendant by finding that the calls and messages plaintiff received, in which defendant provided information about free nutritional information it offered through plaintiff’s state and Medicaid-funded healthcare plan, did not fall within the meaning of a “telephone solicitation.” The Seventh Circuit affirmed, explaining that the defendant did not initiate communications for the purpose of encouraging someone who makes purchasing decisions to purchase its services. (SYKES, concurring and BRENNAN, dissenting)