TCPA, FTSA Claims Against Charter Dismissed Without Prejudice

U.S. District Judge Rodney Smith for Southern Florida in Fort Lauderdale signed an order of final dismissal without prejudice Monday (docket 0:23-cv-60453) of plaintiff Shlomy Halawani’s Telephone Consumer Protection Act and Florida Telephone Solicitation Act claims against Charter Communications. All pending motions in the case are denied as moot, said Smith’s order. Halawani’s notice of voluntary dismissal, also filed Monday, came just days after Charter filed a motion to dismiss his putative class action for lack of personal jurisdiction (see 2304190023). Halawani had alleged Charter called his phone a single time using a prerecorded voice message to market Spectrum services, in violation of the two statutes. Charter’s defense was that the “jurisdictional evidence” shows it never called him. Charter also denied it hired anyone to call Halawani on its behalf.