TCPA Plaintiff Says She Sufficiently Alleged Her Cellphone Had Residential Number
Plaintiff Porsche Stegall uses her residential cellphone number for personal purposes and registered the number on the national do not call registry, but New York Tribeca Group (NYTG) nonetheless placed repeated telemarketing calls and text messages to her to sell…
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a commercial loan, said Stegall’s memorandum of law Monday (docket 1:23-cv-02862). She filed the memorandum in U.S. District Court for Northern Illinois in Chicago in opposition to NYTG’s Aug. 11 motion to dismiss her amended Telephone Consumer Protection Act class action (see 2308210033). NYTG says Stegall, having been given the opportunity to amend her complaint, still hasn’t sufficiently alleged that a residential phone number is at issue, as her TCPA claims require. Stegall messaged and called NYTG asking it to stop contacting her, but NYTG ignored her requests, said her memorandum. NYTG doesn’t contest that its alleged conduct violated the TCPA, nor does it maintain it had any consent to place telemarketing calls and texts to Stegall, it said. NYTG instead argues Stegall hasn’t plausibly alleged her cellphone is associated with a residential number under the TCPA, and she doesn’t have a private cause of action under the statute, it said: “On both matters, NYTG is wrong.” Since Stegall alleged her cellphone number is on the DNC registry, there’s “a sufficient basis at this stage of the proceedings to apply the presumption that the cellphone is a residential phone number,” it said. Moreover, though NYTG argues there’s no private cause of action under the TCPA, courts in the 7th Circuit “have consistently held just the opposite,” it said. For these reasons, NYTG’s motion to dismiss should be denied, it said.