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Financial Services Law Insights and Observations

TCPA lawsuit passes Spokeo, survives motion to dismiss

Courts TCPA Spokeo Autodialer

Courts

On February 20, a judge for the U.S. District Court for the Northern District of Illinois denied a national insurance company’s motion to dismiss a proposed Telephone Consumer Protection Act (TCPA) class action suit brought by a California-based plumbing company. The plaintiff had sued the insurance company and one of its agents for using an autodialer to make prerecorderd sales calls. One call was answered by the plaintiff’s principal and interrupted business, which Plaintiff alleges violated the TCPA. The plaintiff also alleges that the autodialed calls “seized and trespassed upon the use of its cell phones.” In its motion to dismiss, the insurance company argued, among other things, that the plaintiff failed to allege a concrete injury, which is required to establish standing. Citing the Supreme Court ruling in Spokeo, Inc. v. Robins, the judge held that the plaintiff had alleged sufficient facts, including the disruption to its business, to establish a concrete harm.