In Sojka v. DirectBuy, Inc., 2014 WL 1304234 (N.D.Ill. 2014), Judge Feinerman found a TCPA class action adequately pleaded. The facts were as follows: In this consolidated suit, Stephanie Sojka, Daniel Hartowicz, and Kenyatta Gilliam, on behalf of three putative classes, and Mark Sojka, individually, allege that DirectBuy, Inc. violated the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227… Read More
In Baker v. Caribbean Cruise Line, Inc., 2014 WL 880634 (D.Ariz. 2014), Judge Rosenblatt held that the Plaintiff adequately pleaded the use of an ATDS under the TCPA. Defendant asserts that Plaintiff's complaint fails to support the allegation that the calls were automated or used an artificial or prerecorded voice, and omits facts about the time, length, and content of the calls.… Read More
In Daniels v. Comunity Lending, Inc., 2014 WL 51275 (S.D.Cal. 2014), Judge Hayes found Plaintiff’s FDCPA and TCPA claims not adequately pleaded. The FDCPA applies to debt collectors, but not to creditors. See Mansour v. Cal–Western Reconveyance Corp., 618 F.Supp.2d 1178, 1182 (D.Ariz.2009). Under the FDCPA, a “debt collector” is “any person who uses any instrumentality of inter-state commerce or… Read More
In Legg v. Voice Media Group, Inc., --- F.Supp.2d ----, 2014 WL 29594 (S.D.Fla. 2014), Judge Cohn found that a TCPA Plaintiff adequately pleaded use of an autodialer as well as that the Plaintiff could and did revoke consent to receive text messages. This putative class action arose from the allegedly improper transmission of text messages by Defendant Voice Media… Read More
In Mashiri v. Ocwen Loan Servicing, LLC, 2013 WL 5797584 (S.D.Cal. 2013), Judge Lorenz found a TCPA claim adequately pleaded. First, Judge Lorenz rejected the Defendant’s argument that the TCPA does not apply to debt collectors placing calls to wireless telephone numbers by use of an autodialer: The TCPA contains separate provisions for calls made to residential telephone lines and… Read More
In Iniguez v. The CBE Group, --- F.Supp.2d ----, 2013 WL 4780785 (E.D.Cal. 2013), Judge Mendez addressed the propriety of a class-action lawsuit brought against a debt collection agency under TCPA by an “unintended recipient” of collection calls. The lawsuit was based on Plaintiff's allegations that Defendant placed numerous calls to her cell phone seeking to collect a debt owed… Read More
In Clayton v. Aaron's Inc., 2013 WL 3148174 (E.D.Va. 2013), Judge Spencer addressed whether a consumer who received debt collection text messages stated a claim under the TCPA. Judge Spencer held that the consumer could not. § 227(b)(1)(A)(iii) prohibits any person within the United States from making any call (or text message) to a cell phone number, other than for emergency purposes… Read More
In Robbins v. Coca-Cola-Company, 2013 WL 2252646 (S.D.Cal. 2013), Judge Gonzalez found that the Plaintiffs stated a TCPA claim against Coke for SMS text messages sent promoting Coke products. “Whether Plaintiffs gave the required prior express consent is an affirmative defense to be raised and proved by a TCPA defendant, however, and is not an element of Plaintiffs' TCPA claim.”… Read More
In Blair v. CBE Group Inc., 2013 WL 2029155 (S.D.Cal. 2013), Judge Anello rejected a debt collector’s home-run FRCP 12(b)(6) motion to dismiss a TCPA class action at the pleadings stage. First, Judge Anello found that debt collectors such as CBE Group might be subject to the TCPA, and Plaintiff’s Complaint had pleaded enough. Relying on extensive legislative history and… Read More
In Gragg v. Orange Cab Co., Inc., --- F.Supp.2d ----, 2013 WL 1788479 (W.D.Wash. 2013), Judge Lasnik found that a TCPA Plaintiff, on his second time around, pleaded enough facts to demonstrate use of an ATDS with sufficiency to state a claim under the TCPA in a text message case. Contrary to plaintiff's arguments about the pleading standard for alleging… Read More
In Kristensen v. Credit Payment Services Inc., 2013 WL 686492 (D.Nev. 2013), Judge Dawson found that Plaintiff’s bald recitation of the elements of a text-message TCPA claim was sufficient to survive an FRCP 12(b)(6) Motion. Plaintiff's complaint alleges that Defendant Credit Payment Services Inc. (“Defendant”), directly or through its agents, caused or directed unsolicited SMS text messages to be sent… Read More
