Newsmax Risks Default if It Fails to Answer TCPA Class Action by Oct. 11
Defendant Newsmax must file an answer or responsive pleading by Oct. 11 to plaintiff April Roughton’s June 27 Telephone Consumer Protection Act class action or it risks the entry of a clerk’s default, said U.S. District Judge Aileen Cannon for…
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Southern Florida in Fort Pierce in a signed order Monday (docket 9:23-cv-80969). Roughton alleges Newsmax texted her at least 20 times after she asked it to stop Jan. 31 and again Feb. 1. 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, saying a TCPA plaintiff who receives even a single unwanted text solicitation suffered a concrete injury for the purposes of the statute. Cannon’s Sept. 8 order lifting the stay (see 2309110043) set a Sept. 28 deadline for Newsmax to answer or respond to Roughton’s complaint.