Judge Dismisses Claims of TCPA Plaintiff Who Sued Wrong Ala. Utility

U.S. District Judge Myron Thompson for Middle Alabama in Montgomery granted defendant Southern Power's motion to dismiss plaintiff Lee Cunningham’s Telephone Consumer Protection Act complaint, said his signed order Wednesday (docket 2:22-cv-00621). The judge gave Cunningham until Sept. 13 to file a new complaint replacing Alabama Power as the defendant that actually placed the unlawful calls. The judge threatened to dismiss Cunningham's case for good if he fails to do so. A magistrate judge had recommended that Cunningham’s case against Southern Power be dismissed because his claims were frivolous (see 2307210018). Thompson’s order adopted those recommendations and overruled Cunningham’s objections to the recommendation.