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

Editor's note: This article is provided through a partnership between insideARM and Squire Patton Boggs LLP, which provides a steady stream of timely, insightful and entertaining takes on TCPAWorld.com of the ever-evolving, never-a-dull-moment Telephone Consumer Protection Act. Squire Patton Boggs LLP—and all insideARM articles—are protected by copyright. All rights are reserved. 

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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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