“Threadbare Allegations” not Enough to Prosecute a TCPA Claim

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Pleading a TCPA claim is usually not the tricky part for a plaintiff, and courts normally do not dismiss TCPA lawsuits on the pleadings alone. But a recent decision provides instructive guidance for the sort of threadbare allegations that fail to clear that initial hurdle.

Namely, the United States District Court for the Eastern District of Virginia recently dismissed a bare-bones TCPA complaint and putative class action filed by Craig Hicks. Hicks v. Alarm.com Inc., No. 1:20-cv-532, 2020 U.S. Dist. LEXIS 157433 (E.D. Va. Aug. 6, 2020). Mr. Hicks alleged that Alarm.com violated the TCPA because he received two text messages and one call from “Alarm.com.” Recounting Mr. Hicks’ allegations, the Court described them as “lean,” and observed that the “connection between these communications and” Alarm.com were “factually flimsy.” As a result, the Court agreed “that there are no facts detailing Alarm.com’s involvement in placing any calls,” nor did Mr. Hicks allege any facts to suggest Alarm.com sent the texts at issue. The Court also refused to credit Mr. Hick’s “conclusory” allegations and so it dismissed Mr. Hicks’ complaint.