Plaintiff’s Prerecorded Message Allegations Adequately Assert ATDS Violation Against Debt Collector

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Plaintiff Gary Cannioto filed a lawsuit against a defendant debt collection agency, Simon’s Agency, Inc., for “repeatedly placing automated calls to him in an attempt to collect a debt from someone else” in Cannioto v. Simon’s Agency, Case # 19-CV-6686-FPG, 2020 U.S. Dist. LEXIS 95774 (W.D.N.Y. May 29, 2020); the TCPA claim has survived the opinion.  The defendant had moved to dismiss the complaint, and in response, Plaintiff filed a motion to amend the complaint.

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