Plaintiff Still Hasn’t ‘Adequately Alleged’ Her Number Was Residential, Says Defendant
The U.S. District Court for Northern Illinois in Chicago should dismiss plaintiff Porsche Stegall’s Telephone Consumer Protection Act complaint in its entirety because she still hasn’t “adequately alleged” a residential phone number was at issue in the commercial loan solicitation…
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calls she claims to have received from New York Tribeca Group (NYTG) (see 2309190002), said the defendant’s reply Monday (docket 1:23-cv-02862) in support of its motion. Stegall’s amended complaint still alleged her number was residential but added the claim she used the number for “personal purposes,” said NYTG’s reply. Courts have said allegations like personal purposes don’t equate to residential use, and they’re “factually insufficient to state a claim,” it said. Dismissal in this case “should be with prejudice,” said NYTG’s reply. Plaintiff Stegall didn’t request leave to amend, nor does she indicate there’s “anything else she can allege,” it said. She already was given one opportunity to amend “with the benefit of knowing what arguments NYTG would pursue” in its motion to dismiss, it said.