Thank You For Submiting Feedback!
United States District Court for the District of Nebraska
August 31, 2021, Decided; August 31, 2021, Filed
MEMORANDUM AND ORDER
The plaintiff, Samantha Grome, received several collection calls from the defendant, USAA Savings Bank, attempting to collect on alleged debts incurred through the use of a credit card issued by the bank. Filing 1 at 2. Grome sued USAA for violation of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. §227 (b)(1)(A)(iii), alleging that the bank used an "automatic telephone dialing system" to call her cellphone. Filing 1 at 3.
This matter is before the Court on USAA's motion for summary judgment (filing 52). The bank argues that it did not use an "automatic telephone dialing system" and therefore did not violate the TCPA. See Filing 53. For the reasons set forth below, USAA's motion for summary judgment will be granted.
On December 30, 2015 USAA approved Grome for a credit card. Filing 53-1 at 1; see filing 53-2. [*2] Grome provided the bank with her telephone number as part of the application process. Filing 53-2 at 1. On July 24, 2018, USAA began to call Grome, at the number provided, in an attempt to collect payment for Grome's delinquent credit card account. Filing 53-1 at 2. Grome alleges that on July 31, 2018, she called USAA and requested that they stop calling her. Filing 1 at 3. The calls did not stop and from August 1, 2018 to October 31, 2018, Grome received 224 calls from USAA at the number attached to her account. Filing 60 at 3; see filing 60-1. Grome testified that the calls placed to her number were not random solicitation calls and that the bank was trying to reach her about her account. Filing 53-3 at 5.
To make the calls to Grome, USAA used a dialing system known as
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2021 U.S. Dist. LEXIS 164255 *; __ F.Supp.3d __; 2021 WL 3883713
SAMANTHA GROME, Plaintiff, vs. USAA SAVINGS BANK, Defendants.
random, dialing, numbers, generator, sequential, telephone number, autodialer, functions, automatic telephone, Server, summary judgment, campaign, database, nonmoving, commands, software, genuine, phone, parties, argues, movant, stored, lists
Civil Procedure, Summary Judgment, Entitlement as Matter of Law, Genuine Disputes, Burdens of Proof, Movant Persuasion & Proof, Nonmovant Persuasion & Proof, Appropriateness, Evidentiary Considerations, Scintilla Rule, Judgments, Burdens of Proof, Business & Corporate Compliance, Communications Law, Federal Acts, Telephone Consumer Protection Act