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Friday, October 30, 2026

W.D.N.C. Lets TCPA Claim Follow Marketing Assets Into a Free-And-Clear Sale

A federal judge in Charlotte ruled that a company which bought marketing assets can still face a TCPA claim tied to robocalls made before the purchase. The case shows that buying assets does not automatically wipe away telemarketing liability tied to them.

1Lookup Signal Report

4.0% of 3,742 email checks came back undeliverable on 1Lookup

Deliverable results ran at 94.6% of checks, up 7.5 points from the trailing seven-day average of 87.1%. Undeliverable results ran at 4.0%, down 2.9 points from the trailing seven-day average of 6.9%. For anyone emailing prospects today, that means fewer bounces than the recent norm.

Email deliverability

3,742 checks

  • deliverable94.6%
  • undeliverable4%
  • other line types1.4%

Every completed lookup on 1Lookup this UTC day.

  1. 01

    Judge rules buyer of marketing assets can still face TCPA claim despite free-and-clear sale

    In Newman v. Converge Marketing, LLC, No. 3:25-CV-00042-KDB-MTO, 2026 WL 3206874 (W.D.N.C. Oct. 26, 2026), Judge Kenneth Bell issued an order addressing whether a company that acquired marketing assets through a sale structured as free and clear of prior liabilities can still be held liable for a TCPA claim tied to robocalls connected to those assets. The order came out this week.

    Why it matters: If you are buying customer lists, dialer platforms, or a marketing operation from another company, this ruling is a reminder that a free-and-clear sale structure does not guarantee you avoid liability for TCPA claims tied to the calls or texts that built those assets. Due diligence on prior calling practices matters before you close.

Questions people asked today

What did the court decide in Newman v. Converge Marketing?
Judge Kenneth Bell, in W.D.N.C. case No. 3:25-CV-00042-KDB-MTO, ruled that a TCPA claim could proceed against a company that acquired marketing assets through a sale structured as free and clear, rather than dismissing the claim because of the sale structure.
Does a free-and-clear asset sale protect a buyer from TCPA liability?
Not automatically. This ruling shows that a court can still let a TCPA claim tied to the acquired assets move forward against the buyer even when the sale was structured as free and clear of prior liabilities.
What is today's email deliverability number from 1Lookup?
Across 3,742 checks run on the 1Lookup platform on 2026-10-30, 4.0% came back undeliverable, 94.6% came back deliverable, and 1.4% were other line types.

Check your own numbers against this

Why are my calls showing as spam likely? · What share of phone numbers are VOIP? · How many numbers are invalid or disconnected?