Pro Se TCPA Plaintiff Has Until April 14 to Spare His Suit From Dismissal

U.S. Magistrate Judge Rebecca Rutherford for Northern Texas in Dallas signed an order Thursday (docket 3:22-cv-02913) giving pro se plaintiff Lucas Horton until April 14 to show cause why his Telephone Consumer Protection Act complaint shouldn’t be dismissed for his failure to timely and properly effect service against defendant Democratic Victory Fund PAC. Wednesday was Horton’s deadline to file proof of service with the court, but he didn’t do so, said Rutherford’s order. Horton’s Dec. 29 complaint alleges the fundraising and telemarketing frenzy to support Sen. Raphael Warnock, D-Ga., in his Dec. 8 runoff against Republican Herschel Walker caused the Democratic Victory Fund PAC to run afoul of the TCPA when it inundated the public with thousands of texts a day to people who aren’t registered to vote, or aren’t of voting age (see 2301030001).