The Ninth Circuit’s decision in Chesbro v. Best Buy is an important Telephone Consumer Protection Act (TCPA) cases clarifying what counts as a “telemarketing” call or message. Even though the case dates back to 2012, it remains frequently cited today—especially when businesses attempt to argue that certain messages are merely “informational” rather than “promotional.”
This case demonstrates that if a message encourages a commercial transaction—even indirectly—it may qualify as telemarketing under the TCPA and the FCC’s rules.
Background of the Case
In 2008, Best Buy enrolled customer Ronald Chesbro in its “Reward Zone” loyalty program. Later, Best Buy began calling Chesbro with automated messages related to his membership. Although Chesbro asked Best Buy to stop calling, the automated calls continued.
Chesbro argued the calls were unlawful under the TCPA because:
- They were made using an automated system.
- They encouraged him to engage with Best Buy’s rewards program.
- He had previously requested no further calls.
Best Buy argued the automated calls were purely informational and, therefore, not “telemarketing.”
The Legal Issue
Was Best Buy’s automated message a form of telemarketing, even if framed as a customer service or informational call?
The answer to this question determined whether the call fell under the TCPA’s stricter consent and revocation restrictions.
The Ninth Circuit’s Holding
Yes, Best Buy’s messages were telemarketing.
The court held that a message constitutes telemarketing if it:
- Encourages the purchase of goods or services, directly or indirectly; or
- Promotes a business’s programs or offerings in a way that could lead to future sales.
Even though Best Buy described the calls as informational reminders about the customer loyalty program, the court found that they served a clear marketing purpose. The messages suggested Chesbro should maintain his program membership and engage with Best Buy—actions inextricably tied to generating future sales.
Why This Case Matters
1. “Informational” Calls Can Still Be Telemarketing
Businesses often argue that certain calls are exempt because they are customer service messages, account notifications, or loyalty program updates. Chesbro makes it clear: If the call includes even a subtle suggestion to shop, renew, or participate in a program, it may count as telemarketing.
2. Revocation of Consent Must Be Honored
Chesbro explicitly requested that Best Buy stop calling. The court emphasized that once consent is revoked, further calls violate the TCPA, even if the caller subjectively believes the message is purely informational.
3. Loyalty and Rewards Programs Are Not Safe Harbors
Businesses utilizing reward or loyalty programs must be cautious. Automated messages related to these programs often contain promotional elements, even if included unintentionally.
Implications for Consumers
- Right to Opt-Out: You do not have to tolerate unwanted loyalty program or “reminder” calls.
- Legal Standing: If a company continues calling after you ask them to stop, you may have a TCPA claim.
Real-World Example
Imagine a retail store sends an automated call stating:
“We noticed you haven’t used your rewards points lately. Come back and see our new deals!”
Even if framed as a “membership reminder,” this is a telemarketing message because it encourages a future purchase. Under Chesbro, such calls require:
- Prior express written consent; and
- Strict adherence to opt-out requests.
Failure to comply could expose a business to TCPA liability
Need Help With a TCPA Case? Contact Attorney David Head
Whether you’re dealing with unwanted automated calls or other TCPA violations, Attorney David Head is ready to assist.
📞 Phone: 801-691-7511
David Head provides experienced, practical representation for both consumers and businesses facing TCPA issues.