Leave Is Granted to Amend TCPA Complaint vs. GOP County Committee
The Republican Committee of Chester County (RCCC), Pennsylvania, inundated plaintiff Mark Fidanza’s cellphone with 17 text messages between Oct. 19 and Nov. 8 during the runup to the midterm elections, in violation of the Telephone Consumer Protection Act, alleged Fidanza’s…
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second amended complaint Wednesday in U.S. District Court for Eastern Pennsylvania (docket 2:22-cv-05185). U.S. District Judge Kelley Hodge signed an order earlier Wednesday granting Fidanza leave to amend his complaint to add Buzz360 as a defendant and dismissing the RCCC’s motion to dismiss his first amended complaint as moot. The RCCC’s previous affidavits identified Buzz360 as the vendor it hired to send the text messages. Fidanza maintains he never lived, worked or voted in Chester County, and “is not a member of any political party or organization,” said his complaint. He isn’t now, and never has been, registered to vote in Chester County, but is instead registered to vote in Montgomery County, where he lives, it said. Fidanza had “no prior contact or dealings” with the RCCC and he never authorized the RCCC to contact him, it said.