Posts from October 2015.
Leyse v. Bank of America Nat. Ass'n, No. 14-4073N (3rd Cir. Oct. 14, 2015) After receiving a prerecorded telemarketing call on the landline shared with his roommate, Plaintiff filed a class action lawsuit, which was met with a Rule 12(b)(6) Motion to Dismiss. Of pertinence, is the U.S. Court of Appeals' holding that despite the undisputed fact Plaintiff's roommate was the subscriber and intended recipient of the call, Plaintiff had standing to prosecute a TCPA claim. Recognizing that consideration of who is the "called party" is relevant because prior consent of such an individual to ...
Posted in: Standing, Third Circuit