Despite the adverse ruling on the facts presented, the court bulk sms ireland recognized that a factual attack on standing may succeed at the pleading stage if a defendant can adduce conclusive facts to show that plaintiff welcomed the relevant phone call. Defendants facing tcpa lawsuits from professional or serial plaintiffs should take note of this decision.Factsin simpson v. J.G. Wentworth co., plaintiff claimed that he received a telemarketing call on his cell phone from digital media solutions dms on behalf of j.G. Wentworth in july . Wl m.D. Fla. Jan.
, . Simpson’s cell phone number was registered on the national do not call registry at the time of the alleged call, which opened with a pre-recorded voice message that didn’t identify the caller. Simpson remained on the line and eventually spoke with a person who identified himself as being from j.G. Wentworth. Afterwards, simpson sued j.G. Wentworth and dms for purported violations of the tcpa and the florida telephone solicitation act ftsa.Continue reading“middle district of florida analyzes standing for professional plaintiffs”emaillinkedintwitterfacebooksharefebruary , written by: matthew m. Morrissey and anthony f.
