Barton v. Ocwen Loan Servicing, LLC, Civil No. 12—162 (MJD/JJG), 2012 WL 449860 (D.Minn. Sept. 26, 2012) Plaintiff asserted several claims relating to Defendants' alleged efforts to collect mortgage debt. Dismissing Plaintiff's TCPA claim for failure to state a claim upon which relief can be granted, the court stated "Plaintiff alleges that Defendants violated the TCPA by contacting her on her cell phone. The TCPA prohibits the use of automated telephone equipment to a cellular telephone for which the party is charged for the call. 47 § 227(b)(1)(A)(iii). The TCPA does not ...
Owners Ins. Co. v. European Auto Works, Inc., No. 11-3068, 2012 WL 4052406 (8th Cir. Sept. 17, 2012). At issue in the declaratory judgment action filed by Owners Insurance Company against European Auto Works, Inc. was whether Plaintiff's insurance policy provided coverage for a $1,951,500 settlement of a class action lawsuit, which was only enforceable against the insurer, not the insured, if coverage was found to exist. Recognizing that the primary issue presented was whether the advertising injury provision for “oral or written publication of material that violates a person's ...