TCPA Claims vs. Southern Power Lack ‘Factual or Legal Support,’ Says Utility
Telephone Consumer Protection Act plaintiff Lee Cunningham failed to do what the court ordered him to do when it told him to submit sworn statements made under penalty of perjury to support his TCPA claims against Southern Power (see 2305030039),…
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said the utility’s response Tuesday (docket 2:22-cv-00621) in U.S. District Court for Middle Alabama in Montgomery. The wholesale power company contends Cunningham’s complaint is “impermissibly frivolous” because he in fact knows Southern Power wasn't the party that inundated him with debt collection calls, but he’s suing the company anyway (see 2304280041). Cunningham’s two recent filings “are remarkable for what they don’t say,” said Southern Power. Never once does he state, in any form, “a factual basis for proceeding” against Southern Power, it said: “That omission is glaring and determinative.” Southern Power “takes no position” on whether Cunningham has “meritorious claims against the proper defendant,” which is Alabama Power, Cunningham's electric utility, said the company. “He may, but when asserted against Southern Power, those claims are frivolous and have no factual or legal support,” it said.