Ala. TCPA Defendant Served Show Cause Order on Plaintiff, Says Its Notice

Defendant Southern Power served a copy of the court’s May 2 order to show cause on Telephone Consumer Protection Act plaintiff Lee Cunningham via email Thursday, said its notice of service Friday (docket 2:22-cv-00621) in U.S. District Court for Middle Alabama in Montgomery. U.S. District Judge Chad Bryan ordered Cunningham to show cause by Tuesday why Southern Power’s motion to dismiss his TCPA complaint or for summary judgment in Southern Power’s favor shouldn’t be granted (see 2305030039). The judge admonished Cunningham to submit in his answer to the show cause order sworn statements that support his TCPA claims against the utility. Southern Power’s motion to dismiss said Cunningham’s complaint was “impermissibly frivolous” because he in fact knows Southern Power wasn't the party that inundated him with debt collection calls, but he’s suing the wholesale power company anyway.