Articles Posted in Communications Law

Plaintiff Diana Mey filed a class action complaint alleging that Defendants, several companies, violated the Telephone Consumer Protection Act (TCPA) by leaving an automated voicemail message at her residence in response to a classified advertisement that Plaintiff's son placed on an internet website. The circuit court ruled that the automated call placed in response to the advertisement did not violate the TCPA and granted Defendants' motion to dismiss. The Supreme Court affirmed, holding that the circuit court (1) applied the correct standard of review when assessing a W.V. R. Civ. P. 12(b)(6) motion to dismiss; (2) properly ruled that the automated call was not a telephone solicitation and did not contain an unsolicited advertisement under the TCPA; (3) did not abuse its discretion by denying Plaintiff's motion for relief pursuant to W.V. R. Civ. P. 59(e) and 60(b) after being informed that the Federal Communication Commission (FCC) issued a citation against Defendants; and (4) did not err in concluding that Defendants were not required to obtain Plaintiff's prior express consent before responding to the classified advertisement. View "Mey v. Pep Boys" on Justia Law