Hi TCPAWorld! It’s nice to be back 😊 The Baroness here. I hope everyone had a Merry Christmas and was able to spend time with family and eat good food!
Of course, I am back to provide a quick update on a case I blogged about in July regarding the infamous 877-CASH-NOW, J.G. Wentworth getting hit with a TCPA class action lawsuit. This lawsuit is based on allegations of violations of the TCPA and FTSA. Back in July, I indicated I was interested to see how the case unfolds and what J.G. Wentworth would do to respond to the Plaintiff’s Complaint.
So, what did they end up doing?
Well, it appears that J.G. Wentworth simply answered the Complaint. Nothing exciting there.
Interestingly though, Plaintiff is now moving to transfer the case to the Middle District of Florida. Please recall that the case was originally filed in the Eastern District of Pennsylvania.
Why is Plaintiff moving to transfer the case?
After review of Plaintiff’s brief, J.G. Wentworth recently disclosed in its discovery responses that it did not directly place the calls at issue in this case; rather, the calls were placed by a third-party vendor that J.G. Wentworth hired. J.G. Wentworth further disclosed that a vendor named Digital Medial Solutions, LLC (DMS) or a subvendor called the Plaintiff. As DMS has its principal place of business in the Middle District of Florida, which is also where Plaintiff resides, Plaintiff seeks to transfer the case there.
To determine whether transfer would be convenient and serve the interest of justice, a court must evaluate various private and public interests. In re: Howmedica Osteonics Corp., 867 F.3d 390, 401 (3d Cir. 2017) (citing Jumara v. State Farm Ins. Co., 55 F.3d 873, 879 (3d Cir. 1996)). Therefore, a court must walk through various factors before determining whether transfer would be appropriate.
J.G. Wentworth has not filed an opposition yet and as such, the Court has not ruled on Plaintiff’s Motion to Transfer, but we will continue to keep you folks updated. More to come!