Telephone Consumer Protection Act

Mey v. Pinnacle Security, LLC, No. 5:11-cv-47, 2012 WL 4009718 (N.D. W.Va. Sept. 12, 2012) Plaintiff filed a purported class action lawsuit relating to a call from an unidentified party, advertising Defendant's goods and services received on a cell phone she owned but was being used by her son. Defendant moved for summary judgment, arguing that it did not make the call, and, as such, was not liable for the alleged TCPA violation. Concluding that the TCPA authorizes two private causes set forth in: (1) 47 U.S.C. § 227(c)(5); and (2) 47 U.S.C. § 227(b)(3), the court held that Plaintiff could ...