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 ...
Plaintiff completed a credit application to purchase computers, which required her to provide a home phone number. Plaintiff listed her cell phone number but did not identify it as her cell phone number or indicate Defendant could use an Automatic Telephone Dialing System (ATDS) to call the number. After purchasing several thousand dollars in computer equipment, Defendant began using an ATDS to call Plaintiff, leaving pre-recorded messages on her voicemail concerning debt owed. Thereafter, Plaintiff, sent Defendant a letter asking that the calls regarding her account stop ...