68 results for 'nos:"Telephone Consumer Protection Act (TCPA) - Other Suits"'.
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J. Martinez denies, in part, the telemarketer's motion to dismiss, ruling the allegations made by the consumer about the length and nature of at least 20 unsolicited phone calls are sufficient at this stage to support his Telephone Consumer Protection Act claims regarding autodialed telemarketing calls.
Court: USDC New Mexico, Judge: Martinez, Filed On: December 29, 2023, Case #: 2:23cv793, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Evidence, Consumer Law
J. Ross denies the company's motion to dismiss a consumer's class action alleging violations of the Telephone Consumer Protection Act. The consumer claims he received multiple text messages encouraging him to use the company's service to sell his home, but he never consented to receiving the text messages. The messages were not merely an offer to purchase the consumer's home, but to provide a service for an effective fee. Therefore, the TCPA claims may proceed.
Court: USDC Eastern District of Missouri, Judge: Ross, Filed On: December 15, 2023, Case #: 4:23cv126, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Communications, Class Action
J. Rose denies, in part, the advertiser's motion to dismiss, ruling the vet clinic's receipt of an unsolicited fax constitutes a concrete injury and gives it standing to pursue claims under the Telephone Consumer Protection Act.
Court: USDC Southern District of Ohio, Judge: Rose, Filed On: November 14, 2023, Case #: 3:23cv56, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Consumer Law, Class Action
J. Evanson grants in part the customer’s claim that the insurance agency had the call center send pre-recorded calls even though he is on the national Do Not Call registry. The customer does not present sufficient evidence from the contract between the insurance agency and the call center that the insurance agency knew what the call center allegedly did, so the former cannot be held vicariously liable for the latter’s alleged activities. The insurer’'s motion to stay discovery in the alternative to bifurcate discovery is denied. If the customer wants to file an amended complaint, he must do so within 14 days of this order.
Court: USDC Western District of Washington, Judge: Evanson, Filed On: October 11, 2023, Case #: 2:23cv16, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Insurance, Consumer Law, Discovery
J. Richardson adopts the report and recommendation of the magistrate judge and grants the hospital defendants' partial summary judgment motion in this lawsuit brought under the Telephone Consumer Protection Act. As to the harassment claim, the defendants contend that they "did not intend to harass or annoy" the individual plaintiff and that the calls at issue had a legitimate purpose. Additionally, the record indicates that the calls, which were made by a third-party contractor, were made to a wrong number.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: September 26, 2023, Case #: 3:21cv755, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Civil Procedure, Communications
J. Stadtmueller denies Kohl's motion to partially dismiss the consumer's lawsuit claiming it violated the Telephone Consumer Protection Act by continuing to send him dozens of promotional text messages after he revoked his consent in writing and failing to send him a copy of its do-not-call policy. Kohl's incorrectly argues that the do-not-call provision mandated by the Act does not apply to text messages, as a 2023 notice from the FCC has already clarified that the provision applies to text messages as well as voice calls, so the consumer's putative class claim under the Act survives.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: September 21, 2023, Case #: 2:23cv597, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Consumer Law, Class Action
J. Brennan denies the telemarketers' motion to dismiss, ruling that while the language of the Telephone Consumer Protection Act does not include cell phones, the ubiquitous nature of the devices in modern society qualify them as residential telephones under the Act and afford the class members the same protections, given their numbers were listed on the national Do Not Call Registry.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: September 20, 2023, Case #: 5:22cv712, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Consumer Law, Class Action
J. Sweazea grants the out-of-state advertising companies' motion to dismiss for lack of jurisdiction, ruling the consumer's failure to provide more than speculation as to whether the companies sent unsolicited text messages about male enhancement drugs prevents him from establishing the business contacts in New Mexico to enforce the long-arm statute. Meanwhile, the New Mexico-based defendant's motion to dismiss will also be granted. Although it operates the website linked in the text messages, there is no evidence it sent the text messages or hired someone to do so.
Court: USDC New Mexico, Judge: Sweazea, Filed On: August 30, 2023, Case #: 2:22cv828, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Consumer Law, Jurisdiction