By: Jeffrey Backman, Esq., Roy Taub, Esq., and Jacob Mars, Esq.
The Eastern District of Michigan recently dismissed a putative class action alleging violations of the Telephone Consumer Protection Act (“TCPA”), concluding that the plaintiff’s telephone number was not validly registered on the National Do Not Call Registry (“DNC Registry”) when the registration was made. Dobronski v. Tony Packo’s Toledo, LLC, No. 25-cv-13117, 2026 WL 2969611 (E.D. Mich. Oct. 2, 2026).
Section 227(c) and its implementing regulations concern telephone solicitations to residential subscribers whose telephone numbers have been registered on the DNC Registry. The court found that relevant consideration was the telephone number’s status when Dobronski allegedly registered it on the DNC Registry in 2003, rather than relying solely on its later personal use.
According to public records submitted by the defendant, the telephone number had been used for business purposes at the time of its purported 2003 DNC Registry registration. The court concluded that business numbers were not eligible for registration on the DNC Registry and that Dobronski’s 2003 registration was therefore “void ab initio.” As a result, the court declined to apply the general presumption that a number appearing on the DNC Registry is properly registered as a residential number.
Because the number was not properly registered on the DNC Registry in the first instance, the court concluded that Dobronski could not state a claim under § 227(c)(5). The court therefore granted Tony Packo’s motion to dismiss and dismissed the claims with prejudice. The court did not reach the defendant’s alternative arguments concerning the alleged caller-identification violation.
To discuss TCPA compliance or a pending matter, please contact Jeffrey A. Backman, co-chair of the Class Action Defense practice group at [email protected].
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