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Motion to Dismiss › Telephone Consumer Protection Act › Pleadings

Troutman Amin LLP

PLAUSIBLE: Court Holds Allegations of “Identical” Voicemails Sufficient Allegation of Prerecorded Call Usage

Troutman Amin LLP on

The TCPA’s ban on “prerecorded or artificial” voice calls has often been applied to prerecorded or artificially-generated voicemails. Remains unclear to me whether that is the proper application of the statute– the TCPA...more

Klein Moynihan Turco LLP

TCPA Vicarious Liability - June 6, 2025

Klein Moynihan Turco LLP on

Our readers are well aware of the fact that companies can be held vicariously liable for Telephone Consumer Protection Act (“TCPA”) violations. However, a recent decision from an Illinois federal court highlights the...more

Womble Bond Dickinson

Plaintiffs Alleging Use of Predictive Dialer Defeat Motion to Dismiss TCPA Class Action

Womble Bond Dickinson on

A federal district court in Illinois recently denied an insurance provider’s motion to dismiss a TCPA class action complaint, finding that the alleged use of a predictive dialer was sufficient at the pleading stage. In...more

Faegre Drinker Biddle & Reath LLP

Parroting the Elements of the Statute—Without Pleading Any Substantive Facts—Isn’t Good Enough Under Rule 8 for the District of...

Faegre Drinker Biddle & Reath LLP on

The United States District Court for the District of Connecticut recently granted a Defendant’s motion to dismiss Plaintiffs’ TCPA claims because Plaintiffs failed to adequately allege facts supporting an inference that...more

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