Judge Orders Parties to Show Cause Why Their TCPA Case Shouldn’t Be Dismissed
U.S. District Judge Larry Burns for Southern California in San Diego gave plaintiff Rogerio Castillo and defendant Citibank a July 7 deadline to show cause why Castillo’s Telephone Consumer Protection Act claims shouldn’t be dismissed in their entirety without prejudice,…
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said his signed order Wednesday (docket 3:23-cv-01007). Castillo and Citibank jointly agreed to submit the TCPA claims to “binding individual arbitration,” they told the judge in a June 20 motion (see 2306210038). “But given that the parties are subject to mandatory arbitration, it appears the Court may lack jurisdiction over this action,” said Burns’ order. Castillo alleges Citibank phoned him more than 140 times to collect a debt on three credit card accounts after his lawyer sent a cease and desist letter urging the bank to stop (see 2306010054).