Commercial Loan Firm Moves to Dismiss TCPA Case for Failure to State a Claim
The U.S. District Court for Northern Illinois in Chicago should dismiss with prejudice plaintiff Porsche Stegall’s Telephone Consumer Protection Act first amended class action for failure to state a claim, said the defendant New York Tribeca Group (NYTG) in a…
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motion Friday (docket 1:23-cv-02862). Stegall alleges NYTG, a commercial loan company, runs “an aggressive cold-calling telemarketing campaign” that violates the TCPA (see 2305080003). But after having had the opportunity to amend her complaint, Stegall still hasn’t adequately alleged a residential phone number is at issue, said its motion. She continues to rely on a “conclusory allegation” that the phone number at issue is residential and adds only that the number is used for personal purposes, it said. But as several courts have concluded, “these allegations are insufficient and the claims should be dismissed in their entirety and with prejudice now” that she has had an opportunity to amend the initial complaint, it said.