Entertainment retailer Vintage Stock doesn’t and can’t deny allegations of Telephone Consumer Protection Act wrongdoing because those allegations “are obviously true,” said plaintiffs Sheila and Dennis Thompson in their legal memorandum Wednesday (docket 4:23-cv-00042) in U.S. District Court for Eastern Missouri in St. Louis in opposition to Vintage Stock’s motion to dismiss count 2 of their amended complaint and to strike all their class allegations (see 2303020017). Vintage Stock unlawfully sent the Thompsons dozens of text messages to numbers listed on the national and Missouri do not call registries, said their memorandum. The text messages “were generic and obviously directed to many people,” it said. Vintage Stock doesn’t contest, and the Thompson have properly pled, the defendant “was not allowed, under any circumstances, to send any advertising text messages,” it said. But it did so anyway, in violation of the TCPA, it said. Vintage Stock improperly “is 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,” said the memorandum. The Thompsons should be allowed to do discovery on the members of the class that received Vintage Stock’s unlawful text messages, it said. The Thompsons can then amend their complaint “in conformity with the evidence, or move for class certification for a proper class supported by the actual evidence,” it said.

T-Mobile must file an answer by April 17 to plaintiff Wesley Todd’s Jan. 31 Telephone Consumer Protection Act complaint, plus a motion to set aside the clerk’s entry of default that shows good cause for its failure to timely respond to the action (see 2303280005), said an order signed Tuesday (docket 2:23-cv-14024) by U.S. District Judge Jose Martinez for Southern Florida in Fort Pierce. If T-Mobile fails to do so, a default final judgment may be entered in Todd’s favor, it said. If T-Mobile doesn’t respond, Todd has until April 24 to file a motion for final default judgment that includes affidavits of the amounts due from T-Mobile, “and any other supporting documentation necessary to determine the measure of damages and/or conclude this action,” it said. Todd alleges T-Mobile sent him “repeated text messages” to a cellphone number listed on the national do not call registry since May 18.

It’s “stipulated and agreed” between Verizon and its debt collector CBE Customer Solutions that Verizon’s claims against CBE are voluntarily dismissed without prejudice, in light of their mediation scheduled for April 3, said their joint stipulation Tuesday (docket 1:22-cv-08703) in U.S. District Court for Southern New York. The dismissal is with leave for Verizon to move within 30 days of the mediation date, by May 3, “to reopen the case and proceed to trial if settlement is not fully effectuated,” it said. Verizon alleged CBE refused to comply with an indemnification agreement between the parties, costing the carrier nearly $6.1 million in damages and court costs spent in negotiating, finalizing and executing a Telephone Consumer Protection Act class settlement (see 2210140026). CBE countersued, alleging any negligence that mushroomed into a TCPA class action and settlement was of Verizon’s doing, not CBE’s (see 2211210034)

U.S. District Judge Jose Martinez for Southern Florida in Fort Pierce signed an order Friday (docket 2:23-cv-14024) directing his clerk to enter a default against T-Mobile for failing to answer or otherwise respond to plaintiff Wesley Todd’s Telephone Consumer Protection Act complaint by the required deadline. He ordered the clerk to “administratively close” the case for “statistical purposes only.” Todd’s Jan. 31 complaint alleged T-Mobile sent him “repeated text messages” to a cellphone number listed on the national do not call registry since May 18 (see 2302010044).

Plaintiff Christa Simmons and defendant Procter & Gamble agreed to the dismissal of Simmons’ Telephone Consumer Protection Act class action against P&G, said their stipulation Monday (docket 0:22-cv-61956) in U.S. District Court for Southern Florida in Fort Lauderdale. Her claims against P&G, which also alleged Florida Telephone Solicitation Act wrongdoing, are dismissed with prejudice, and the claims of the putative class members are dismissed without prejudice, it said. Simmons’ Oct. 20 complaint alleged P&G engaged in unsolicited text messaging to consumers without their consent to promote its Oral-B brand (see 2210210057).

The second Telephone Consumer Protection Act complaint against T-Mobile in as many months was filed Friday when Detroit resident Latisha Josey alleged in a class action that Metro by T-Mobile repeatedly sent her telemarketing text messages advertising its promotions even after her “multiple requests” to stop. In an attempt to stop the text messages, she added her cellphone number to the national do not call registry Dec. 12, but the texts continued, said her complaint (docket 2:23-cv-10697) in U.S. District Court for Eastern Michigan. Josey didn’t provide “prior express invitation or permission or consent” for these text messages, it said. “To the contrary, in response to many of these text messages,” she requested that Metro “cease texting her,” it said. “Metro uses automated systems to send outbound telephonic sales calls, including text messages, to hundreds if not thousands of consumers across the U.S.,” including to consumers whose numbers are listed on the national DNC registry, the complaint said. In the previous TCPA complaint against T-Mobile, Stuart, Florida, plaintiff Wesley Todd alleged Jan. 31 that the carrier sent him “repeated text messages” to a cellphone number listed on the DNC registry since May 18 (see 2302010044).

U.S. Magistrate Judge Chad Bryan for Middle Alabama in Montgomery signed an order Wednesday scheduling an in-person status conference for April 13 at 2 p.m. CDT at the request of Southern Power, the named defendant in pro se plaintiff Lee Cunningham’s Telephone Consumer Protection Act complaint (see 2303220007). Cunningham alleges Southern Power inundated him with debt collection calls, but Southern Power denies involvement. Alabama Power, Cunningham’s utility company, would be the only proper defendant, says Southern Power. Cunningham, at the status conference,“should be prepared to discuss his understanding as to the respective involvement” of Southern Power and Alabama Power “in the underlying conduct that gives rise to his claims,” said Bryan’s order.

Rent-A-Center inundated Scotty Asher with daily debt collection calls using an automatic telephone dialing system that began in early 2022 and never stopped, alleged Asher’s Telephone Consumer Protection Act complaint Wednesday (docket 2:23-cv-00430) in U.S. District Court for Nevada in Las Vegas. The calls involve a Rent-A-Center account that doesn’t belong to Asher, nor has he ever done business with the lease-to-own chain, said the Clark County, Nevada, resident. “The repeated calls were especially frustrating” because they tied up his phone line while he was traveling, said the complaint. Rent-A-Center didn’t comment.

Defendant Southern Power plans to file “an early motion” for summary judgment against pro se plaintiff Lee Cunningham’s Telephone Consumer Protection Act complaint, said a joint status report Tuesday in U.S. District Court for Middle Alabama in Montgomery. Cunningham alleges Southern Power inundated him with debt-collection calls using an automatic telephone dialing system (ATDS), and the calls persisted even after he asked the company to stop, said the report. Southern Power “had no involvement in the alleged conduct and is not a proper defendant to this action,” it said. Southern Power is a wholesale power company, “not a regulated utility that services residential consumers,” has never called his cellphone for any purpose, “much less” with an ATDS, it said. Cunningham acknowledges the calls originated with Alabama Power, with which he has an account, but Southern Power and Alabama Power are separate legal entities, it said. Despite Southern Power having no role in the alleged conduct, Cunningham “presumably intends to proceed against Southern Power” because it and Alabama Power are sister subsidiaries of Southern Co., it said: “Southern Power would not oppose a motion to substitute parties.”

Attorney Ahren Tiller of BLC Law Center filed a trio of Telephone Consumer Protection Act lawsuits Monday in U.S. District Court for Southern California in San Diego, where he has logged over 100 similar cases since January 2021. The lawsuits against LendingClub Bank (docket 3:23-cv-00495), Synchrony Bank (docket 3:23-cv-00496) and Comenity Bank (docket 3:23-cv-00499) also allege violations of California’s Rosenthal Fair Debt Collection Practices Act (RFDCPA). The defendants use an automated telephone dialing system (ATDS) or artificial or prerecorded voice in violation of the TCPA and RFDCPA, invading the plaintiffs’ privacy and causing them damages, the complaints allege. The plaintiffs, all residents of San Diego County, had consumer debt, having fallen on financial hardship, and were unable to maintain regular monthly payments, the complaints said. They allege agents for the financial institutions made repeated calls -- from 75-120 using ATDS -- to collect payments, despite receiving letters from the plaintiffs calling on them to cease calling. They seek statutory damages of $1,000 for RFDCPA violations; $500 in statutory damages for each negligent TCPA violation and $1,500 in statutory damages for each knowing or willful TCPA violation, said the complaints.