Western Express Pays $2.7 Million Over Prerecorded Calls to Reassigned Numbers

The bottom line: consent from a number's prior user does not cover the new user.

What happened

According to the report, the lawsuit alleged that Western Express made prerecorded calls to cell phone numbers without consent. The class includes people who:

1. Had a number assigned to a cell phone at any time between May 28, 2020, and September 19, 2025.
2. Received at least one prerecorded call from Western Express during that period.
3. Never gave the number to Western Express or its vendors, and never submitted it through a website seeking Western Express employment information.
4. Had a number previously assigned to someone who did provide it to Western Express or its vendors.

The settlement is a compromise. It is not a finding of liability.

The settlement terms

Eligible claimants may receive a pro-rata cash payment, up to $120 per person. Attorneys' fees may not exceed $906,315, paid from the fund. The claim deadline was December 15, 2025.

The law

Under 47 U.S.C. § 227(b), prerecorded calls to cell phones require the prior express consent of the "called party." Courts have generally read that to mean the current subscriber or user of the number, not the person who gave the number to the caller years earlier.

Why it matters

The class definition points to the source of the problem: job inquiry websites. Recruiting calls are not marketing, but they still need consent when they use a prerecorded voice to reach a cell phone. Applicant numbers go stale fast.

The Federal Communications Commission's (FCC) Reassigned Numbers Database lets callers check whether a number has been permanently disconnected since a given date. Using it can give a safe harbor in some circumstances.

What this means for you

1. Check calling lists against the Reassigned Numbers Database before prerecorded campaigns.
2. Set an age limit on consent records, especially for job applicants.
3. Treat "wrong number" responses as a reason to suppress the number immediately.
4. Apply the same consent rules to recruiting and operational calls as to marketing calls when using prerecorded messages.

Numbers change hands. Your consent records need to keep up.