Court Dismissed Telemarketing Lawsuit Against Tony Packo's
A federal court ruled that a plaintiff's DNC registration was invalid because the phone line was used for business.
Updated on Oct. 5, 2026 in Telecommunications
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A federal court has dismissed a telemarketing lawsuit filed against Toledo-based Tony Packo's with prejudice. The court determined the plaintiff's phone number was ineligible for National DNC Registry protections because it was used for business purposes.
Why it matters
The ruling underscores that phone numbers utilized for commercial activities remain ineligible for National DNC Registry protections, even if a user later claims the line was converted for personal use.
The court identified that the phone number in question served as a business contact for Teletech, Inc. from 2001 to 2003 and later for the Adrian & Blissfield Rail Road Company until 2020. Records including an FCC license were used to verify this history.
The players
Tony Packo's
This iconic Toledo-based restaurant chain is well-known for its Hungarian-style hot dogs and extensive celebrity autograph collection.
Dobronski
He is a former railroad executive who filed a lawsuit claiming unsolicited text messages violated telemarketing regulations.
The details
The plaintiff, Dobronski, had alleged that Tony Packo's sent three unsolicited text messages between May and September 2025. However, the court found the number's registration on the National DNC Registry in 2003 was void from the start due to its commercial status.
Timeline
The phone number served as a Teletech business contact from 2001 to 2003.
Dobronski registered the number on the DNC Registry in 2003.
The number remained in use for business purposes until 2020.
Dobronski sold his railroad business and retired in August 2021.
The court dismissed the lawsuit on October 2, 2026.
The Tech Race
This case reflects the ongoing friction between consumer digital privacy tools and the limitations of regulatory frameworks when applied to legacy business hardware. It illustrates how courts prioritize verified public records over user claims when determining the status of communication infrastructure.
This decision serves as a reminder that individuals should verify the commercial history of any phone number they wish to register for private protections. Using a former business line for personal use may prevent users from successfully pursuing legal claims against unsolicited telemarketers.
The takeaway
Maintaining clear distinctions between business and personal phone lines is essential for protecting legal privacy rights. Consumers should be aware that registry status can be challenged in court if records indicate a history of commercial use.
Further reading
For more on evolving standards in digital consumer law, visit the Telecommunications section.
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Should courts permit telemarketing lawsuits for numbers that were previously registered for business use?
