Court Transfers Carpet Bagging TCPA Class for Improper Attempt to Bend Venue Rules to Take Advantage of 9th Circuit Case Law

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As TCPAWorld is well aware, the 9th Circuit’s Marks decision broadly defines what constitutes an ATDS under the TCPA. And, of course, this decision has led plaintiffs to seek out various ways to bring their claims in California (and elsewhere within the Circuit) in order to take advantage of that broad ruling. However, the Court’s decision in Laguardia v. Designer Brands, Case No.: 19cv1568 JM(BLM), 2020 U.S. Dist. LEXIS 88142 (S.D. Cal. May 7, 2020), demonstrates that those deliberate tactics are not beyond reproach.

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