‘No Basis’ for TCPA Liability, Says Shore Capital’s Motion to Dismiss

Paul Sapan’s Oct. 20 class action alleging that Shore Capital sells mortgage services via "cold calls" to residential phone numbers listed for years on the federal do not call registry (see 2310210002) should be dismissed for failure to state a claim, said Shore’s motion Tuesday (docket 8:23-cv-01974) in U.S. District Court for Central California in Santa Ana. While Sapan’s complaint “makes particular (albeit inconsistent) allegations” regarding Capital Mortgage, it contains no allegations regarding Shore Capital, said the motion. Since there are no charging allegations against Shore Capital other than notes that Sapan attached to his complaint, and no allegation that substantively ties Shore Capital to Capital Mortgage, “there is no basis for liability of Shore Capital,” it said.