TCPA Claims vs. Home Remodeling Firm Are Dismissed Without Prejudice
San Diego County resident Eli Olivares voluntarily dismissed without prejudice to refile his Telephone Consumer Protection Act claims against home remodeling firm William Brothers Building & Construction, said his notice of dismissal Wednesday (docket 3:23-cv-01858) in U.S. District Court for…
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Southern California in San Diego. Williams Brothers hasn’t filed or served an answer or motion for summary judgment, so the notice serves as the dismissal with prejudice under the Federal Rules of Civil Procedure 41(a)(1)(A)(i), it said. Olivares alleges he received at least nine “live calls” from William Brothers on his residential cellphone to “pitch” home remodeling services, though his number was listed on the national do not call registry since 2015 (see 2310120001).