Burr & Forman

10.9.2012   |   Actual Damages, Blog Articles, Minnesota, Pleading Requirements, Telephone Consumer Protection Act

Minnesota District Court Holds Plaintiff Fails To Sufficiently Plead TCPA Violation, and Indicates Party Must Be Charged For call

Barton v. Ocwen Loan Servicing, LLC, Civil No. 12—162 (MJD/JJG), 2012 WL 449860 (D.Minn. Sept. 26, 2012) Plaintiff asserted several claims relating to Defendants’ alleged efforts to collect mortgage debt. Dismissing Plaintiff’s TCPA claim for failure to state a claim upon which relief can be granted, the court stated “Plaintiff alleges that Defendants violated the TCPA by contacting her on her cell phone. The TCPA prohibits the use of automated telephone equipment to a cellular telephone for which the party is charged for the call. 47 § 227(b)(1)(A)(iii). The TCPA does not prohibit a person from making a call to a cell phone, however. There are no allegations in the Complaint that either Ocwen or Saxon used automated telephone equipment to call Plaintiff. Plaintiff does not respond to this argument. Accordingly, the Court finds that Plaintiff has failed to state a claim under the TCPA against Defendants, and the claim will be dismissed.” For more information on TCPA regulation and effects, contact Burr & Forman attorney, Joshua Threadcraft, here.

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