TCPA Claims Barred Because DNC-Listed Number Was Used for Business: Diamond
Defendant Diamond Resorts denies the allegations in plaintiff Paul Sapan’s class action that it engages in a scheme to sell timeshares via "cold calls" to people whose residential phone numbers are listed on the federal do not call registry, in…
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violation of the Telephone Consumer Protection Act (see 2301240064), said its answer Friday (docket 8:23-cv-00147) in U.S. District Court for Central California in Santa Ana. Sapan “fails to state a plausible claim upon which relief can be granted under any theory or cause of action because the factual allegations are incomplete,” it said. His claims are barred by his “prior express invitation” to be called, it said. His claims also are barred because his registration on the DNC registry “is invalid as a result of holding his cellular telephone number out to the public as a business telephone number,” it said.