Roy v. Dell Fin. Services, LLC, No. 3:13-cv-738, 2013 WL 3678551 (M.D. Pa. July 12, 2013)
Plaintiff, who purchased computers and did not pay debt owed, filed suit against Defendant alleging that Defendant called him using an automatic telephone dialing system or pre-recorded messages more than 1,000 times without his consent. The Complaint further alleged that the calls were made to a 1-800 number for which Plaintiff claims to have been charged a fee any time a call is made to the number. Defendant filed a Motion to Dismiss, which the Court granted stating that “‘the FCC has determined that all debt-collection circumstances are excluded from the TCPA’s coverage.’” (quoting Meadows v. Franklin Collection Serv., Inc., 414 F. App’x 230, 235 (11th Cir. 2011) citing Gager v. Dell Fin. Serv. LLC, No. 11-cv-2115, 2012 WL 1942079, at *6 (M.D. Pa. May 29, 2012) (“‘The FCC has ‘unequivocally stated’ that ‘calls solely for the purpose of debt collection are not telephone solicitations and do not constitute telemarketing’ and ‘calls regarding debt collection . . . are not subject to the TCPA’s separate restrictions on ‘telephone solicitations.’”).