Class-Action Plaintiff Lacks Standing to Bring TCPA Claims, Says Defendant’s Answer
Vendor Digital Media Solutions (DMS) obtained prior express consent, plus prior express written consent, to contact the phone number at which plaintiff John Bryant alleges to have received the subject telemarketing calls from DMS, and so his Telephone Consumer Protection…
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Act claims must fail, said the vendor. DMS filed its answer Monday (docket 8:23-cv-02171) in U.S. District Court for Middle Florida in Tampa to Bryant’s Oct. 27 first amended class action. To the extent that Bryant’s putative class members also provided such consent, “their claims also fail,” said DMS. Bryant alleges that Accuquote, an insurance leads company, hired DMS to place unsolicited telemarketing calls to Virginia phone numbers listed on the national do not call registry, in violation not only of the TCPA but also the Virginia Telephone Privacy Protection Act. DMS states “that it has complied with all applicable statutes and regulations, thereby barring any and all” of Bryant’s claims, said its answer. DMS also asserts that Bryant and the putative class members lack standing to bring their claims, because they haven’t incurred or suffered “any actual loss or concrete injury in fact or suffered any harm,” and certainly not harm that’s “fairly traceable” to DMS’ conduct, it said.