Charter Seeks Dismissal of TCPA Complaint for Lack of Personal Jurisdiction
Charter Communications seeks judgment on the pleadings, and the dismissal of plaintiff George Morris’ Telephone Consumer Protection Act complaint in its entirety, on grounds that the U.S. District Court for Northern Texas in Dallas lacks personal jurisdiction over Charter, said…
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its motion Tuesday (docket 3:23-cv-01741). 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). The court should grant Charter’s motion because Morris only “nebulously” alleges that some unidentified third party made prerecorded marketing calls to him in violation of the TCPA, said Charter’s memorandum of points and authorities in support of the motion. Morris’ vague allegation “fails to make even a prima facie case of either general or specific personal jurisdiction over Charter, which alone warrants dismissal,” it said.