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United States District Court for the Western District of North Carolina, Charlotte Division
November 12, 2020, Decided; November 12, 2020, Filed
DOCKET NO. 3:20-cv-00275-FDW-DCK
THIS MATTER is before the Court on Defendant's Motion to Dismiss (Doc. No. 10), seeking dismissal of Plaintiff's complaint for lack of standing pursuant to Fed. R. Civ. P. 12(b)(1). The motion has been fully briefed, (Docs. Nos. 11, 15, 16), and is ripe for ruling. For the reasons below, Defendant's Motion is DENIED.
Plaintiff filed this action on behalf of herself and others similarly situated seeking to recover from Defendant for violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227 ("TCPA"). In her Complaint, Plaintiff contends that during a two-week period, she received two unsolicited text messages to her cell phone despite her registration on the National Do Not Call Registry. Plaintiff alleges the unsolicited [*2] text messages directed Plaintiff to call Defendant to apply for disability benefits. Plaintiff asserts she was harmed by this invasion of privacy and nuisance. Defendant moves to dismiss the Complaint, asserting Plaintiff has not alleged any concrete harm sufficient to confer Article III standing.
II. Standard Of Review
"In plain English, the TCPA prohibited almost all robocalls to cell phones." Barr v. Am. Ass'n of Political Consultants, Inc., 140 S. Ct. 2335, 2344, 207 L. Ed. 2d 784 (2020). The TCPA's prohibition on robocalls includes sending automated text messages. Id. n.1 (citing In re Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, 18 FCC Rcd. 14014, 14115 (2003));1 see also Campbell-Ewald Co. v. Gomez, 577 U.S. 153, 156, 136 S. Ct. 663, 667, 193 L. Ed. 2d 571 (2016), as revised (Feb. 9, 2016) ("A text message to a cellular telephone, it is undisputed, qualifies as a "call" within the compass of § 227(b)(1)(A)(iii). For damages occasioned by conduct violating the TCPA, § 227(b)(3) authorizes a private right of action." (citation omitted)).2
In order to seek redress under the TCPA, the requirement to sue is no different than any other federal case: a party must have standing.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2020 U.S. Dist. LEXIS 211914 *; 2020 WL 6693134
ANNETTE WILLIAMS, individually and on behalf of all others similarly situated, Plaintiffs, vs. MYLER DISABILITY, LLC, a Utah Company, Defendant.
text message, concrete, unsolicited, privacy, courts, allegations, harms, standing to sue, messaging, unwanted, telemarketing, telephone, nuisance, redress, confer, cell phone, phone call, injury-in-fact, intangible, automated, intrusion, injuries