TCPA Plaintiff Weighs Summary Judgment Motion vs. Telemarketer

Plaintiff Jean Zoulek intends to move for class certification “at the appropriate time” and may move for summary judgment in her putative Telephone Consumer Protection Act class action against telemarketing vendor A Marketing Resource (AMR), said the parties' joint Rule 26 report and discovery plan Monday (docket 2:22-cv-01464) in U.S. District Court for Eastern Wisconsin in Milwaukee. Zoulek alleges Gannett outsourced the calls to AMR, which violated the TCPA when it called numbers on the national do not call registry and didn’t stop when consumers asked it to (see 2212080002). Gannett was terminated as AMR’s co-defendant in March. The parties will engage in future good-faith settlement talks “at the appropriate time,” said the report. Plaintiff Zoulek “anticipates requiring call logs for the class in order to appropriately evaluate the action prior to meaningful settlement discussions,” it said.