Charter’s Answer Denying TCPA Wrongdoing Cites 30 Affirmative Defenses
Plaintiff George Morris and his putative class members are barred from asserting their Telephone Consumer Protection Act claims against Charter Communications in the Northern District of Texas “to the extent their claims are subject to a binding arbitration agreement” and…
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an agreement to arbitrate their disputes on an individual, non-class basis, said Charter’s answer Friday (docket 3:23-cv-01741), citing 30 affirmative defenses to deny the TCPA claims. Morris’ Aug. 4 class action alleges Charter calls consumers nationally to promote its Spectrum TV and internet bundles, using prerecorded messages to people who didn’t provide their prior express written consent to receive them, or whose numbers are listed on the national do not call registry (see 2308040053). Any claim for treble damages or penalties under the TCPA is barred because Charter didn’t engage “in knowing or willful misconduct,” said its answer. Charter “only places calls to numbers of persons who consent to such calls,” it said. Morris and the putative class members lack standing to bring the claims alleged in the complaint, because any harm allegedly caused by the calls at issue “is not fairly traceable to any violation allegedly committed,” it said.