‘Requisite Standing’ Lacking to Sue State Farm on TCPA: Motion to Dismiss

Plaintiff Thomas Gebka wrongly seeks to hold State Farm liable for calls it didn't make that he claims violated the Telephone Consumer Protection Act, said State Farm Friday in a memorandum of law (docket 1:22-cv-05546) in support of its motion to dismiss Gebka’s amended complaint. Gebka “fails to allege any facts to support any vicarious liability theory that could hold State Farm liable for those calls,” it said. In other previous litigation, he attributed some of the calls alleged against State Farm to Allstate, the memo said. He also “invited the balance of the calls, ostensibly to seek insurance quotes from State Farm independent contractor agents,” it said. As a result, Gebka “fails to establish the requisite standing to sue State Farm,” it said.