DirecTV Seeks to Amend Answer in TCPA Fight
Citing a nationwide class being certified in a Telephone Consumer Protection Act against it (see 2208020038), DirecTV asked U.S. District Court in Wheeling, West Virginia, to let it amend its answer to the complaint. In a docket 5:17-cv-00179 motion for…
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leave to amend Monday, the company said it wants to add one affirmative defense: the court lacks personal jurisdiction over claims brought by out-of-state class members. It said the argument "is nothing new" to the plaintiffs, who have responded to the personal jurisdiction argument in opposing the motion to dismiss and in briefing for their class certification motion. It said the amendment would conform the pleadings to the arguments already raised, DirecTV said, adding it will continue to raise the arguments in the case. Counsel for the plaintiffs didn't comment.