Shoe Carnival Seeks Dismissal of TCPA Class Action for Failure to State a Claim
One must “affirmatively register one’s own phone number” on the national do not call registry for Telephone Consumer Protection Act prohibitions to “apply,” said Shoe Carnival’s memorandum Wednesday (docket 3:23-cv-00215) in U.S. District Court for Southern Indiana in Evansville in…
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
support of its motion to dismiss plaintiff Timothy Moore’s class action (see 2312060001). Moore seeks to recover statutory damages for a handful of text messages he received, said the memorandum. He asserts that the texts were sent to him despite his phone number being on the national DNC registry and that the texts failed to sufficiently identify Shoe Carnival as the sender, it said. But there’s no claim under the TCPA “for a call -- if a text is indeed a call -- to a telephone number that is just ‘on’ the National DNC registry,” it said. If Moore didn’t register his own number, and he alleges no facts that he did, then he can’t state a claim. it said. Further, the screenshots of the texts he received prove that Shoe Carnival complied with the sender identification requirements of the TCPA that Moore alleges Shoe Carnival violated, it said.