SHORT: Court Dismisses TCPA Defendant’s Motion in Ruling So Brief It Hurts

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You know your motion is really weak when a court refuses to waste its time providing a lengthy analysis of it.

In Beaver v. PODS Enterprises, LLC 2025 WL 2687183 (M.D. Fl. Sept. 19, 2025) the defendant moved to dismiss a TCPA class action and the court just wasn’t having it.

At issue were debt collection calls made using a prerecorded voice. Plaintiff allegedly received such calls after requesting calls stop. She sued under the TCPA and the Florida debt collection statute the FCCPA.

The court found Plaintiff’s allegations sufficient and denied the motion with a telling short analysis:

The TCPA prohibits “any person” from “any call (other than a call made for emergency purposes or made the prior express consent of the called party) using any automatic telephone dialing system or an artificial or prerecorded voice.” 47 U.S.C. § 27(b)(1)(A (iii). The complaint adequately alleges the facts necessary to state a claim under the TCPA because the complaint specifies that the calls used an automated service and that the plaintiff revoked any consent by requesting that the defendant stop calling her. 

The FCCPA prohibits a debt collector from “willfully communicating with the debtor or any member of her or his family with such frequency as can reasonably be expected to harass the debtor or her or his family, or willfully engage in other con-duct which can reasonably be expected to abuse or harass the debtor or any member of her or his family.” Fla. Sta. § 559.72(7). Although the defendant correctly main-tains that repeated calls to the debtor about a debt are not necessarily harassment, the plaintiff alleges that, despite repeated requests, the defendant continued to call daily. 

The defendant’s motion is DENIED.

That’s it.

That’s the ruling.

The court plainly felt its time was being wasted, hence the dismissively short ruling denying the motion.

If you’d like to avoid similar missteps in TCPA cases get yourself a copy of the 2025 Troutman Amin, LLP TCPA Annual Review, presented by Contact Center Compliance! All the tips and tricks you need to WIN!

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Published by Eric "Czar" Troutman

The Czar of TCPAWorld Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems. Eric has built a national litigation practice based upon deep experience, rigorous analysis and extraordinary responsiveness. Eric and his team feel equally at home litigating multibillion dollar telecommunications class actions in federal court as they do developing and executing national litigation strategies for institutions facing an onslaught of individual TCPA matters. They thrive in each of these roles – delivering consistently excellent results – while never losing sight of the client experience. While many firms now tout TCPA expertise, Eric has been there from the beginning. He built one of the country’s first TCPA-only defense teams and began serving as national TCPA counsel for his clients nearly a decade ago. This perspective allows him to swiftly develop the right litigation strategies for dealing with recurring problems, without wasting time on tactics that are bound to fail. Eric’s rich historical perspective and encyclopedic knowledge of the TCPA landscape also make him an invaluable resource to institutional compliance teams struggling to comply with the shifting regulatory landscape. No task is too small – or too big. Indeed, Eric and his team have helped build TCPA-compliant systems and processes for some of the largest and most complex corporate entities in the country. He commonly works with in-house compliance counsel to build and implement enterprise and business-line specific TCPA solutions, performs TCPA audits and drafts and reviews proposed TCPA policies and procedures. He and his team also have the technical expertise necessary to assist call centers seeking to develop TCPA-resistant call path architecture or to modify existing telephony and software integration to better insulate from potential TCPA exposure. Eric has built a reputation for thought leadership. An avid blogger and speaker, he has been at the forefront of the industry’s effort to push for clarity and a return to sanity for the TCPA for years. He was selected to advocate for the financial services industry on important TCPA issues before the Federal Communications Commission and co-authored the nation’s only comprehensive practice guide on TCPA defense. In his spare time, Eric leads defense teams representing banks and other financial services companies in consumer finance litigation matters. He has experience representing clients in UCC, TILA, RESPA FCRA, CCRA, CLRA, FDCPA, RFDCPA and FCCPA claims, as well as in fraud and bank operations issues.

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