CRINGE: Court Denies Motion to Dismiss in TCPA Class Action and Its Among the Worst I’ve Seen

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When you read every single TCPA decision every single day the way I do you learn a ton.

Obviously you learn what courts are thinking and why they’re thinking it. But almost equally importantly you learn what all the other lawyers in the space– both good and bad– are up to.

Most days I learn something new– even if its a small nuance or a slightly different way of thinking about an issue.

Not today.

Because Koeller v. TD Sunnex Corporation 2026 WL 1963045 (N.D. Cal. July 7, 2026) really offer nothing interesting at all. It is a ruling on a motion that should have never been brought.

In Koeller the Plaintiff alleged he received calls from persons that identified themselves as calling from TD Synnex, and sought to solicit purchase of TD Synnex’s endpoint security offerings. Plaintiff alleged he told them to stop. They didn’t. He sued.

Defendant responded to the lawsuit with a motion to dismiss for lack of standing arguing that somebody else could have made the calls. The Court denied the motion swiftly pointing out the Plaintiff alleged the Defendant– not somebody else–made the calls. So Defendant loses.

Guess what else?

Defendant also argued the complaint failed to allege that the Defendant made the calls. The Court denied that motion swiftly also because… yes it did.

Then the Defendant argued the complaint didn’t allege it acted willfully. The Court denied that motion swiftly also because… yes it did.

So basically Defendant’s entire position was to tell the court the complaint didn’t say things it plainly said.  Motion denied.

Total waste of time and the client’s money.

Don’t even really have a take away except don’t bring bad motions. But that’s not even a take away because everyone should already know that.

I suspect what happened here is that factually TD Synnex was working with a third-party lead generator that was calling in TD’s name. But if you let your third-parties call in your name you’re going to be stuck with the resulting lawsuits folks.

So I guess that’s the take away. Needed something. 🙂

Chat soon.

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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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