B2B callers are constantly facing TCPA DNC risk despite the fact the DNC supposedly only applies to residential lines.
The issue, of course, is that cell phones are often used for both business and personal use–especially after COVID. And courts have been very clear about holding a mix use cell phone can still be residential.
Well in Koeller v. Cyflare, 2025 WL 3280316 (E.D. Mo. Nov. 25, 2025) we have an interesting test case because not only was the phone used for business purposes in addition to residential, the business actually paid a stipend for the phone!
Now that’s interesting.
However the court did not dive into the tricky issues raised by the fact scenario because the use of the phone was not pleaded on the face of the complaint– but only in deposition testimony. And since defendant only moved to dismiss the court could not credit the testimony and had to allow the complaint to live on.
The Court also found allegations of willful harm were sufficient to survive the pleadings stage as well– so even though the defendant tried to call a business number (and may have) it is still facing a TCPA class action and enhanced treble damages.
That’s the TCPAworld for you.
B2B callers need to keep the real-world risk of TCPA class actions in the back of their minds. You can’t just buy a list off of Zoom and fire away. Smart money is on scrubbing out cell phones that are on the DNC list– just too much risk not to.