Judge Lifts Stay in TCPA Case vs. Newsmax, Orders Newsmax to Respond by Sept. 28
U.S. District Judge Aileen Cannon for Southern Florida in Fort Pierce lifted her stay of plaintiff April Roughton’s June 27 Telephone Consumer Protection Act class action against Newsmax, said Cannon’s signed order Friday (docket 9:23-cv-80969). Roughton alleges Newsmax texted her…
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at least 20 times after she asked it Jan. 31 and again on Feb. 1 to stop. Cannon stayed Roughton’s case June 28, pending the 11th Circuit’s resolution of its en banc proceedings in Drazen v. Pinto. The 11th Circuit rendered its opinion July 24, holding that a TCPA plaintiff who receives even a single unwanted text solicitation has suffered a concrete injury for the purposes of the statute. Cannon’s order set a Sept. 28 deadline for Newsmax to answer or respond to Roughton’s complaint.