Bias Yaakov of Spring Valley v. Peterson Nelnet, LLC, No. Civ. 11-00011, 2013 WL 663301 (D.N.J. Feb. 21, 2013) Pending before the court was Defendant's Motion to Reconsider denial of its Motion to Dismiss Plaintiff's TCPA class action Complaint or in the alternative Plaintiff's class action allegations on the grounds that applicable state law prohibited maintenance of such proceedings. In the alternative Defendant requested that the court certify its Order for interlocutory appeal. Refusing to reconsider its Order, the court heeded the Third Circuit's directive in Landsman & ...
Birchmeier v. Caribbean Cruise Line, Inc., 2012 WL 7062748 (N.D.Ill. Dec. 31, 2012) Plaintiffs filed suit alleging Defendants made or caused unsolicited calls to their cell phones in violation of the TCPA while acting under the guise of conducting a political survey to get their foot in the door to sell ocean cruises. Defendants filed Motions to Dismiss, advancing multiple arguments, all of which were rejected. For example, Defendants argued that Plaintiffs ran afoul of Rule 8 by not distinguishing the role of each Defendant. But the court held that Plaintiffs alleged Defendants ...
Bridge v. Ocwen Federal Bank, FSB, No. 1:07—CV—02739, 2013 WL 331095 (N.D. Ohio Jan. 29, 2013) In a case originally filed in 2007, and in which the Complaint was amended several times, Plaintiff asserted a TCPA claim, which was dismissed without prejudice for lack of subject matter jurisdiction. Other claims were also dismissed, including Plaintiff's claim for violation of the Fair Debt Collection Practices Act (FDCPA). Plaintiff appealed the dismissal but only as to the FDCPA claim. Plaintiff's appellate papers specifically stated that Plaintiff did not take issue with the ...