State Farm TCPA Plaintiff Likely to File Amended Complaint: Report
The plaintiff in the class action alleging State Farm violated the Telephone Consumer Protection Act believes it's more likely than not he will amend his complaint to address various issues raised in State Farm’s motion to dismiss (see 2212050027), said…
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a joint initial status report Friday (docket 1:22-cv-05546) in U.S. District Court for Northern Illinois in Chicago. State Farm’s motion to dismiss asserted that Gebka failed to allege “any facts to support any vicarious liability theory” that could hold State Farm liable under the TCPA for calls it didn't make, said the report. State Farm also alleges Gebka in previous litigation attributed to Allstate the originating calls alleged in the State Farm complaint, and that he “invited the balance of the calls” when he sought insurance quotes from State Farm agents. Gebka’s attorneys believe if the case is certified as a class action, a jury trial would last five to six days, said the report. State Farm contends if Gebka’s lawyers carry through with plans to certify a class involving the marketing activity of 19,000 State Farm Agents over the past four years, any trial of a certified class would be “months-long,” it said.