Plaintiff Files Motion of Dismissal in TCPA Class Action Against Gannett
Plaintiff Jean Zoulek filed a voluntary notice of dismissal (docket 2:22-cv-01464) Monday in a class action against Gannett for alleged violation of the Telephone Consumer Protection Act (TCPA). Gannett filed a motion to dismiss last month (see 2302280058), saying Zoulek…
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failed to plead facts that could allow the court to “plausibly infer” Gannett’s A Marketing Resource company violated the TCPA. The complaint didn’t allege Gannett placed any calls to Zoulek, but it asserted the company should be held “vicariously liable” for AMR’s alleged calls. This month, Gannett filed a motion to strike class allegations, saying the complaint purported to identify a class pursuant to Rule 23(b)(2), which applies to class claims for injunctive relief (see 2303070051). Zoulek’s claim for “significant statutory damages” under the TCPA shows the action is “predicated on seeking monetary damages,” or at least monetary damages are only “incidental” to injunctive relief, as required to maintain a class rule, defendants said. Permitting certification under the rule would “allow the monetary tail to wag the injunction dog,” that motion said.