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District Court (N.J.) Says Unintended Recipient (Plaintiff’s Counsel’s Law Practice) Lacked Standing to Bring TCPA Class Action

by Scott J. Hyman |

In Sacchi v. Care One, LLC, 2015 WL 3966034 (D.N.J.,2015), Judge Wigenton dismissed a TCPA class action when discovery revealed that Plaintiff's counsel was the primary user of the telephone number at issue. On February 3, 2014, Plaintiff, John Sacchi, filed a putative class-action complaint against Defendant Care One alleging that Care One maintained an illegal telephone solicitation practice in violation… Read More

District Court (S.C.) Says TCPA Plaintiff Does Not Have to Plead the Phone Number Called

by Scott J. Hyman |

In Williams v. Bank of America, Nat. Ass'n, 2015 WL 3843251, at *2-4 (D.S.C.,2015), Judge Harwell denied a TCPA Defendant's motion to dismiss. The Court finds Plaintiff has alleged sufficient facts to state a claim under the TCPA. Plaintiff claims Defendant began calling her cellular telephone after January 2013, and upon answering Defendant's calls, Plaintiff heard an automated message telling her… Read More

District Court (Or.) Says Plaintiff States TCPA Claim; Denies MTS Class Allegations

by Scott J. Hyman |

In Ott v. Mortgage Investors Corp. of Ohio, Inc., 2014 WL 6851964 (D.Or. 2014), Judges Steward found that Plaintiffs had adequately pleaded a TCPA class action and allowed it to proceed beyond the pleadings stage.  The facts were as follows: Plaintiffs, Kelly Ott, Nancy Luebben, and Benjamin Gesler, filed this class action against defendants for violations of the Telephone Consumer Protection… Read More