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.