In Rector v. WFDS, here, Judge Fischer granted summary judgment on Plaintiff’s TCPA, FDCPA, and Intrusion on Seclusion claims. Plaintiff, a third party who was listed as credit reference on customer’s credit application, claimed that Wells Fargo made dialer calls to his cell phone.  Wells Fargo made a handful of calls to Plaintiff to question the whereabouts of the customer – none of the calls were made via an ATDS dialer system.   Plaintiff’s complaint included three claims: (1) violation of TCPA; (2) violation of  FDCPA; and (3) intrusion. The Court dismissed the TCPA claim as Wells Fargo presented evidence that none of the calls were made via an ATDS dialer system.  Plaintiff argued that all phones in existence today have the capacity to store and dial telephone numbers.  The Court summarily rejected this argument stating that there is no evidence that most phones use a “random or sequential number generator” as required under the TCPA. The Court dismissed the FDCPA claim as Wells Fargo is not a debt collector under the statute as it was not collecting a debt owed to another entity, but rather a debt owed to it. The Court dismissed the intrusion claim as Wells Fargo’s records indicates that only five calls were made to Plaintiff.   However, the Court added, that presuming Plaintiff is right- and 40 calls were made – summary judgment would still be warranted as “such a claim cannot succeed where, as here, the plaintiff has not shown “that the content of [his] conversations with defendants [were] upsetting or annoying,” or that “plaintiff answered the phone or was able to answer the phone when the calls were made,” or that “the calls were made within such a short period of time of one another that they became highly offensive.” Kleiman v. Equable Ascent, No. CV 12-9729 CAS (AJWx), 2013 WL 49754, at *4 (C.D. Cal. Jan. 3, 2013).” Eric Troutman and David Berkley of the Firm’s Orange County Office obtained the result.