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Tag: Motion to Dismiss

Class Actions…

ANOTHER ONE: Troutman Amin, LLP Secures Complete Dismissal With Prejudice, And The “Texts Aren’t Calls” Momentum Keeps Building!

6 Apr 202614 Apr 2026
Greetings TCPAWorld! We've got a big one today, and yes, I'm allowed to be a little excited about this one because Troutman Amin, LLP secured the win! In James, No.…
ATDS/Predictive Dialer Cases…

THE TCPA TEXTS SPLIT GROWS!: Ohio Court Holds Text Messages Are Not “Telephone Calls”

4 Mar 20264 Mar 2026
Greetings TCPAWorld! The texts-versus-calls split just got wider, and we just got another ruling from a federal court within the Sixth Circuit! In Stockdale v. Skymount Prop. Grp., LLC, et…
ATDS/Predictive Dialer Cases…

FLORIDA IS CALLING: When a Click, a Pause, and a Lead-Gen Chain Ring in TCPA Exposure

19 Feb 2026
Greetings TCPAWorld! Did someone say Florida is in the house? This one out of the Southern District of Florida has a little bit of everything. A predictive dialer dispute, a…
ATDS/Human Intervention…

RINGING UP TROUBLE: Auto Lender’s Voicemail Opens the Door to TCPA Class Claims

6 Feb 2026
Greetings TCPAWorld! Happy Friday! Here's a tip for auto lenders: if you're going to use prerecorded voicemails to chase down payments, you might want to make sure you're actually calling…
Class Actions…

ROSES ARE RED, THE COURT HAD ITS SAY: Online Fax Services Get No TCPA

14 Feb 2025
Greetings TCPAWorld! Happy Valentine’s Day! Whether you’re celebrating with loved ones or enjoying the discounted chocolate tomorrow, one thing’s for sure—online fax providers won’t feel the love from this latest…
ATDS/Predictive Dialer Cases…

YOU CAN’T JUST CALL IT A TCPA VIOLATION: The Court Needs Proof, Not a Vague Complaint!

29 Jan 202529 Jan 2025
Greetings TCPAWorld! I’m back with another case update—this time, it’s all about relentless robocalls, a wrong number, and a lawsuit that didn’t go as planned! Few things are more annoying…
Uncategorized

DIALING INTO TCPA: Court Expands ‘Residential’ to Cellphones in a Post-Loper World

17 Sep 2024
Greetings TCPAWorld! Hot off the press is a case decision to put on your radar! In Lirones v. Leaf Home Water Sols., L.L.C., No. 5:23-cv-02087, 2024 U.S. Dist. LEXIS 165900…
Class Actions

DON’T CALL ME MAYBE: Court Hangs Up on TCPA Suit Against Mortgage Company

12 Sep 2024
Greetings TCPAWorld! A recent court ruling dealt a blow to consumers who receive unsolicited telemarketing calls on their Do-Not-Call registered phone numbers. In Paul Sapan v. Shore Cap. Corp., et…
Class Actions

Motion to Dismiss DENIED! Cell Phones Can Be Residential Numbers for DNC Claims

31 Aug 202131 Aug 2021
Facing a TCPA class action, it is tempting to try anything and everything to defeat the case on the pleadings. And, of course, there are sometimes ways to do so.…
Uncategorized

Court Grants Motion to Dismiss TCPA Serial Plaintiff’s Complaint

12 Jun 2020
Happy Friday afternoon, TCPAWorld. Well, you may be glad to know that a TCPA serial plaintiff, Craig Cunningham’s complaint (Yes, that infamous pro se plaintiff, Craig Cunningham) just got dismissed…
Uncategorized

Things Are Rapidly Changing, But Something Stays the Same: Allegations of Fact Taken As True at the Pleading Stage

21 May 202022 May 2020
It almost seems that everything is changing so fast in these current days. When everyone is trying to keep up with the pace, I thought it might be worthwhile to…
Uncategorized

Another Motion to Dismiss Denied: ATDS Allegations For Unwanted Text Messages Sufficient at Pleading Stage

31 Mar 2020
A text message is considered a call under the TCPA. And to state a valid TCPA claim, the plaintiff must show that the equipment or system used to send the…
Uncategorized

“This Isn’t The Defendant You’re Looking For” – Florida District Court Dismisses TCPA Complaint After Successful Factual Attack On Personal Jurisdiction

21 Aug 201922 Aug 2019
Here is a quick one for TCPAWorld. Typically, when a lawsuit is filed, a court assumes the facts alleged in the complaint are true and the defendant must show that,…
Uncategorized

Devoid of Datum: TCPA Claim Dismissed For Failure to State a Claim in NDOH

2 Aug 20197 Aug 2019
Word of the Day: Datum.  Synonym: information.   As Applied:  It is hereby ordered that Plaintiff Whitacre’s TCPA claim is dismissed for failure to plead the datum necessary to state a…

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