An auto warranty company is trapped in a TCPA lawsuit after a court found calls made by a seller were actually made by the warranty company itself directly because the seller's website directed questions to the warranty company's lawyers. Ruled they operated as one company.
SENIOR Judge Marilyn L. Huff of the U.S. District Court for the Southern District of California will preside over the lawsuit filed by the Commonwealth Ports Authority against two companies
Racheal Paul alleges Margaritaville sent her telemarketing text messages without consent to those on the DNC list and consumers who asked to stop text messages. The text messages appear to be sent based on a franchisee campaign but the Plantiff named the national entity.
AP Gas fought back aggressively and filed a motion to dismiss 12 b 1 for lack of standing, motion to dismiss 12 b 6 for failure to state a claim, and a motion to strike the class allegations. Unfortunately now for AP Gas, Abramson’s claims will proceed.
Plaintiff brought class action against The Yankee Candle Company, Inc. in Circuit Court for the Thirteenth Judicial Circuit, Florida alleging Yankee made sales calls to consumers without express written consent violating Florida Telephone Solicitation Act FTSA.