Pa. GOP Committee’s TCPA Claims vs. Twilio Should Be Dismissed: Memorandum
The Republican Committee of Chester County (RCCC), Pennsylvania, wrongly seeks to hold Twilio financially responsible for any judgment in the Telephone Consumer Protection Act case arising from RCCC’s transmission of unwanted election-related text messages, said Twilio’s memorandum of law Tuesday…
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(docket 2:22-cv-05185) in U.S. District Court for Eastern Pennsylvania in Philadelphia. Mark Fidanza, the original plaintiff, alleges the RCCC inundated his cellphone with 17 text messages between Oct. 19 and Election Day Nov. 8 (see 2212280028). The RCCC responded in a May 5 third-party complaint that alleged its vendor Buzz360 teamed with Twilio to hire Onvoy to deliver the text messages to Fidanza’s phone (see 2305040004). But Twilio had “no legal or contractual relationship” with the RCCC, said its memorandum. There’s notably “no reference to or mention of Twilio” in Fidanza’s initial complaint against the RCCC, in any of Fidanza’s subsequent amendments, or in the answers of RCCC and Buzz360 that followed, it said. From the four “conclusory sentences” that the RCCC’s third-party complaint contains, Twilio can’t discern any “cognizable cause of action against it, any supposedly wrongful conduct by it, or any obligation whatsoever that Twilio has to RCCC,” it said. The RCCC’s allegations don’t meet “the threshold requirements under Rule 8 of a short and plain statement of a claim, supported by plausible allegations of fact,” it said. “On that basis alone,” it said, the RCCC’s complaint against Twilio should be dismissed.