Marriott Robocall Defendant Denies Violating TSR ‘in Any Way’

Defendant ResortCom International denies Marriott International’s allegations it violated the FTC’s Telemarketing Sales Rule “in any way,” said its answer Thursday (docket 1:21-cv-00610) to Marriott’s amended complaint. Marriott’s trademark infringement lawsuit alleges multiple defendant robocallers impersonated Marriott telemarketers. ResortCom’s answer was due Oct. 5 but filed late due to “miscommunication” among the defendant’s lawyers who cited "excusable neglect" as the reason. ResortCom denies it's a telemarketer and denies it has “participated in or assisted in” any telemarketing activities or robocalls, said its answer. “Marriott lacks standing to assert its TSR claim against ResortCom because no actions or inactions by ResortCom caused Marriott to suffer more than $50,000 in damages,” it said. It asked the court to dismiss the claim with prejudice and award ResortCom recovery of its attorney’s fees and court costs.