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CEB Prac. Guide § 2B.18: "Called Party" -- Unintended Recipients

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In Nunes v. Twitter, Inc., 2014 WL 6708465 (N.D.Cal. 2014), Judge Chhabria, found that Plaintiff adequately had pleaded use of an ATDS and an absence of consent under Soppett.  At least two district courts have held that the FCC, in the above-referenced orders, unlawfully expanded the statute's definition of an automatic telephone dialing system. See Marks v. Crunch San Diego,… Read More

In Balschmiter v. TD Auto Finance LLC, 2014 WL 6611008 (E.D.Wis. 2014), Judge Stadtmueller denied class certification of a TCPA class defined essentially as either references or cell-phone transferees or both: “All persons within the United States who, on or after October 21, 2009, received a non-emergency telephone call from or on behalf of TDAF to a cellular telephone through… Read More

In Moore v. Dish Network L.L.C., 2014 WL 5305960 (N.D.W.Va. 2014), Judge Groh granted summary judgment to a TCPA “wrong party” Plaintiff. The facts were as follows. On December 19, 2011, Chester Moore signed an application with Cintex wireless for a cell phone subsidized by the federal Lifeline program. At the time of his application, Moore had a cell phone… Read More

In Leyse v. Bank of America, 2014 WL 4426325, (D.N.J. 2014), here, Judge Wiggington found that a roommate who answered a call intended for the other roommate who was the defendant's debtor lacked standing to sue under the TCPA. In line with that reasoning, Judge Koeltl found that “while the prerecorded message did not address Dutriaux by name and it was Leyse who… Read More

In Pacleb v. Cops Monitoring, 2014 WL 3101426 (C.D.Cal. 2014), Judge Snyder denied a TCPA Defendant’s Motion to Dismiss, following Soppett. On February 24, 2014, plaintiff Florencio Pacleb filed this putative class action against defendants Cops Monitoring and Does 1 through 10. The operative first amended complaint (“FAC”) asserts claims for: (1) negligent violations of the Telephone Consumer Protection Act… Read More

In Sterling v. Mercantile Adjustment Bureau, LLC., 2014 WL 1224604 (W.D.N.Y. 2014), Judge Arcara affirmed the Magistrate's recommendation and granted summary judgment to a TCPA plaintiff in a wrong-party called case.  The facts were as follows: Plaintiff is the subscriber assigned to a cellular telephone number previously held by a debtor (“Jane Doe”), who had provided the number to Mercy Hospital… Read More

In Buonomo v. Optimum Outcomes, Inc.--- F.R.D. ----, 2014 WL 1013841 (N.D.Ill. 2014), Judge St. Eve granted in part and denied in part a TCPA defendant's Motion to Strike class allegations in a wrong-party TCPA case. One of the central issues in TCPA “wrong party” cases is whether the called party, which the Seventh Circuit has defined as “the person subscribing… Read More

In Labou v. Cellco Partnership, 2014 WL 824225 (E.D.Cal. 2014), Judge England denied Plaintiff's request for pre-certification discovery, and granted a pre-emptive defense motion to de-certify a class action under facts reminiscent of Soppet:  Plaintiff filed the present complaint on April 30, 2012. She alleges that Defendants began calling Plaintiff's cellular phone number with an automated telephone dialing system to… Read More

United Healthcare has filed a petition with the FCC essentially taking a run at Soppett.  According to the FCC, United Healthcare indicates that it obtains prior express consent from individuals before placing healthcare-related informational calls to wireless telephone numbers using an automatic telephone dialing system or an artificial or prerecorded voice.   “Unbeknownst to United,” however, “the wireless telephone numbers for… Read More

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