Barton v. Ocwen Loan Servicing, LLC, Civil No. 12162 (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 ...
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Tags: barton, burr and forman, burr forman, cell phones, damages, minnesota, ocwen loan servicing, solicitation, tcpa, tcpa addendum, telemarketing, telephone consumer protection act