In Neptune v. Whetstone Partners, LLC, — F.Supp.2d —-, 2014 WL 3734549 (S.D.Fla.,2014), the District Court found:
Upon consideration, the Court concludes that Plaintiff’s Complaint includes sufficient allegations that support his claim that the calls were autodialed or the messages were prerecorded. Plaintiff alleges that Defendant made approximately forty-five (45) calls to Plaintiff’s cellular telephone from November 2013 through April 2014. ¶ 19. Plaintiff alleges that on numerous occasions Defendant called Plaintiff several times during one day, and on back to back days. ¶ 11. For example, from February 14–17, 2014, Defendant placed seven such calls to Plaintiff’s cellular telephone. [DE 1–3]. Plaintiff describes the generic content of the messages, i.e., a prerecorded voice reminding Plaintiff that his payment was due. ¶ 17. Plaintiff also alleges that Defendant ignored each of Plaintiff’s demands that Defendant cease calling him for payments before his payments were due, which also suggests that Defendant was autodialing Plaintiff. ¶¶ 20, 21. Accordingly, Defendant’s motion to dismiss the TCPA claim shall be denied.