On November 16, 2015 the FCC issued a limited waiver to National Grid to let them use a registered DBA when leaving prerecorded messages. This waiver gives National Grid a limited exemption from 47 C.F.R. § 64.1200 (b)(1) which generally requires businesses to give the name under which they are registered to conduct business with the State Corporation Commission (or comparable regulatory authority) during the message. Unfortunately this waiver does not extend to other businesses.
The Third Circuit recently issued a decision in the case of Leyse v. Bank of America. In their order the Third Circuit overturned a district court’s dismissal of the case and found that a man who received a prerecorded call intended for his roommate had standing to sue when Bank of America sent a prerecorded message to the landline that was shared by both roommates. The court indicated that Bank of America could potentially use the intended roommate’s consent as a defense in the case.