‘Vague Speculation’ Drives GOP Committee’s Claims vs. Twilio: Motion to Dismiss
The Republican Committee of Chester County, Pennsylvania, seeks to hold Twilio financially responsible for any judgment arising from RCCC’s own alleged transmission of unwanted and unwelcome election-related text messages in violation of the Telephone Consumer Protection Act (see 2309120015), said…
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Twilio’s memorandum of law Friday (docket 2:22-cv-05185) in U.S. District Court for Eastern Pennsylvania in Philadelphia in support of its motion to dismiss the RCCC’s third-party complaint. Twilio is a third-party vendor with which RCCC “had no legal or contractual relationship,” said its memorandum. There’s “tellingly” no “reference to or mention of Twilio” in plaintiff Mark Fidanza’s initial complaint against RCCC, nor in any of Fidanza’s subsequent amendments, nor in the answers of RCCC and Buzz360 that followed, said Twilio. That’s because Twilio “has done nothing wrong,” it said. RCCC nevertheless has chosen to proceed against Twilio “based on vague speculation alone,” it said. RCCC time and again “fails to plead concrete factual allegations that could help Twilio understand what RCCC believes Twilio did wrong or connect any of its vague speculation to a colorable theory of legal liability,” it said. RCCC still has not stated a claim, and its third-party complaint against Twilio must be dismissed, said the memorandum.