Roy v. Dell Fin. Services, LLC, No. 3:13-cv-738, 2013 WL 3678551 (M.D. Pa. July 12, 2013) Plaintiff, who purchased computers and did not pay debt owed, filed suit against Defendant alleging that Defendant called him using an automatic telephone dialing system or pre-recorded messages more than 1,000 times without his consent. The Complaint further alleged that the calls were made to a 1-800 number for which Plaintiff claims to have been charged a fee any time a call is made to the number. Defendant filed a Motion to Dismiss, which the Court granted stating that "'the FCC has determined ...
Hanley v. Green Tree Servicing, LLC, No. 12 C 4158 (N.D. Ill. March 21, 2013) After allowing Plaintiff multiple opportunities to submit additional authority in opposition to Defendant's Motion to Dismiss, the court dismissed his class action Complaint for failure to state a claim upon which relief can be granted, stating "[t]his case is much ado about nothing. At least that is the conclusion that the Court must reach after reviewing Hanley's wholly inadequate complaint in which next to nothing is pleaded." The court added that "Hanley does not plead how many calls [Defendant ...
Bank v. Independence Energy Group, LLC, No. 12-cv-1369 (E.D.N.Y. May 1, 2013) Pending before the Court was Plaintiff's Motion to Reconsider its dismissal of a class action Complaint based on a conclusion that New York Civil Practice Law 901(b) bars TCPA class actions in federal court. Plaintiff relied on the United States Supreme Court's holdings in Mims v. Arrow Fin. Servs., LLC, and various district court cases supporting Plaintiff's argument. Denying the Motion, the court concluded that Mims does not abrogate the U.S. Court of Appeals' holding in Holster III v. Gatco, Inc, that ...
Larry v. Doctors Answers, LLC, No. cv-12-S-3510-NE, 2013 WL 987879 (N.D. Ala. March 8, 2013 An Alabama Plaintiff sued New Jersey Defendants for violating the TCPA by sending an unsolicited fax advertising material for answering services provided by Defendant. Defendant filed a Motion to Dismiss challenging Personal Jurisdiction, Venue and Plaintiff's ability to state a claim upon which relief can be granted. The court denied the motion on all grounds. With respect to Defendant's challenge to the court's personal jurisdiction, the court recited the United States Supreme Court's ...
Small v. Kmart Holdings, Corp., No. 12-cv-11062, 2013 WL 1157339 (E.D. Mich. March 20, 2013) Pending before the court was Defendant's Motion to Dismiss Plaintiff's TCPA claim contending Defendant sent unsolicited faxes in violation of the law. Also pending before the court was Defendant's Motion to Strike class allegations based on Michigan law prohibiting such actions. Denying the Motion to Dismiss, the court stated "Plaintiff has alleged that the Defendants sent the faxes; that Plaintiff did not give his permission to receive such faxes; there was an insufficient opt-out ...
Wellington Homes, Inc. v. West Dundee China Palace Restaurant, No. 2-12-0740 (Ill App. 2d March 13, 2013) Plaintiff filed suit, placing at issue allegedly unsolicited faxes sent in violation of the TCPA. At issue was the applicable statute of limitations. Defendant's argued that the Illinois two-year statute governing claims brought for statutory damages governed. Plaintiff argued the federal four-year statute of limitations codified in 28 U.S.C. § 1658 governed. The trial court agreed with Plaintiff but certified the question to the appellate court. Holding that the the ...
Bias Yaakov of Spring Valley v. Peterson Nelnet, LLC, No. Civ. 11-00011, 2013 WL 663301 (D.N.J. Feb. 21, 2013) Pending before the court was Defendant's Motion to Reconsider denial of its Motion to Dismiss Plaintiff's TCPA class action Complaint or in the alternative Plaintiff's class action allegations on the grounds that applicable state law prohibited maintenance of such proceedings. In the alternative Defendant requested that the court certify its Order for interlocutory appeal. Refusing to reconsider its Order, the court heeded the Third Circuit's directive in Landsman & ...
Birchmeier v. Caribbean Cruise Line, Inc., 2012 WL 7062748 (N.D.Ill. Dec. 31, 2012) Plaintiffs filed suit alleging Defendants made or caused unsolicited calls to their cell phones in violation of the TCPA while acting under the guise of conducting a political survey to get their foot in the door to sell ocean cruises. Defendants filed Motions to Dismiss, advancing multiple arguments, all of which were rejected. For example, Defendants argued that Plaintiffs ran afoul of Rule 8 by not distinguishing the role of each Defendant. But the court held that Plaintiffs alleged Defendants ...
Bridge v. Ocwen Federal Bank, FSB, No. 1:07—CV—02739, 2013 WL 331095 (N.D. Ohio Jan. 29, 2013) In a case originally filed in 2007, and in which the Complaint was amended several times, Plaintiff asserted a TCPA claim, which was dismissed without prejudice for lack of subject matter jurisdiction. Other claims were also dismissed, including Plaintiff's claim for violation of the Fair Debt Collection Practices Act (FDCPA). Plaintiff appealed the dismissal but only as to the FDCPA claim. Plaintiff's appellate papers specifically stated that Plaintiff did not take issue with the ...