Sage Telecom's Allegations Insufficient to State Claim, Says Debt Collector

Sage Telecom’s “conclusory and speculative allegations” are insufficient to state a claim under code 302.101 of the Texas Telephone Solicitation Act, said defendant Mercantile Adjustment Bureau Wednesday, supporting its motion to dismiss the amended complaint (2301050058) filed this month in U.S. District Court for Northern Texas in Dallas. In its three-point argument, Mercantile said Sage’s amended complaint fails to establish that the defendant made a telephone solicitation from a location in Texas to a “purchaser” in the state, said the memorandum (docket 3:22-cv-2737), saying in the context of debt collection, a consumer already has purchased an item. The amended complaint doesn’t allege the defendant placed a single phone call to plaintiff, stating instead that a party filing suit under the TTSA doesn’t need to be the recipient of solicitations, the defendant said. It argued the TTSA doesn’t permit the plaintiff, as a telecom service provider, to bring an action on behalf of its customers. Third, said MAB, the amended complaint failed to allege Sage suffered actual damages as a result of the alleged TTSA violation.