Sage’s Suit ‘Must Fail,’ Says Mercantile’s Reply in Support of Dismissal

Defendant Mercantile Adjustment Bureau denies it’s subject to the Texas Telephone Solicitation Act and the statute’s requirement that telephone solicitors need to register with the state, said the debt collector’s reply Thursday (docket 3:22-cv-02737) in U.S. District Court for Northern Texas in Dallas to plaintiff Sage Telecom’s opposition to Mercantile’s motion to dismiss. Sage alleges at least 187 subscribers to its Lifeline services received multiple telephone solicitations in the past two years from a phone number owned by Mercantile (see 2302100037). Mercantile’s motion to dismiss said Sage lacks standing because it didn't receive any calls itself and thus didn't suffer damage. Sage’s opposition “conveniently fails” to address that the amended complaint “fails to articulate any facts regarding the content or subject matter of the alleged 187 telephone calls,” said the reply. There’s no assertion in Sage’s allegations about “the identity of the recipient of the telephone calls or most importantly, whether the recipient actually answered the telephone call and what was said during any telephone conversation,” it said. Without “pleading any facts” about the content of the alleged calls, the amended complaint “must fail,” it said.