TCPA Plaintiffs Ask Court to Deny Retailer’s Motion to Dismiss

The U.S. District Court for Eastern Missouri in St. Louis should deny the motion of home entertainment retailer Vintage Stock to dismiss Count II of the Telephone Consumer Protection Act class action of Sheila and Dennis Thompson (see 2301120009) because the defendant “was expressly forbidden to send any advertising text messages but did so in violation of federal law,” said the Thompsons’ amended response Thursday (docket 4:23-cv-00042). Their injury in fact was from sending and receiving illegal text messages, it said. The court also should deny Vintage Stock’s motion to dismiss or strike the Thompsons’ class allegations, it said. The defendant is improperly raising issues of class definition at the motion to dismiss stage of this case, “but issues of class definition are determined at the class certification phase and not on a motion to strike or dismiss,” it said.