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Tag: Motion to Dismiss

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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Winning never gets old…

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