TCPA Plaintiff Opposes Charter’s Motion for Judgment on the Pleadings

Court for Northern Texas in Dallas to Charter’s Nov. 14 motion (see 2311160037). Charter’s course of business “permeates” the state of Texas “in a manner that far exceeds the minimum contacts necessary to satisfy specific jurisdiction,” said the opposition. Exercising personal jurisdiction over Charter “is consistent with the notions of fair play and substantial justice,” it said. Notwithstanding its “general denial,” Charter admits that its retail marketing agent made no fewer than four calls to Morris attempting to sell him Charter’s products and services, it said. Charter claims that the complaint doesn’t set out with “sufficient specificity” the calls that Morris claims violate the TCPA, it said. But this is “belied by the plain language” of the complaint, it said.Through its Spectrum brand, Charter does “extensive, systematic business” in Texas “through marketing and maintaining ongoing connections with its customers via its products and services,” it said. Morris alleges that unlawful Charter telemarketing calls in violation of the TCPA were received on his phone in Texas, it said. He further alleges that the telemarketing callers identified themselves as authorized Charter vendors, it said: “This is enough to infer that Charter made the calls or that the callers were calling on behalf of or were employed by Charter, as opposed to some other entity.”