Pa. Judge Denies Aflac's Dismiss Motion on Plaintiff’s Second Amended Complaint

U.S. District Judge Timothy Savage for Eastern Pennsylvania in Philadelphia denied Aflac’s motion to dismiss plaintiff Stewart Smith’s second amended Telephone Consumer Protection Act class action (see 2405150017), his signed order said Thursday (docket 2:24-cv-00679). June 28 is Aflac’s deadline for filing an answer to Smith’s second amended complaint, the order said. Smith’s class action alleges that Aflac placed five telemarketing calls to his cellphone without consent and in violation of the TCPA’s do not call rule.