Class Action Fails to State ‘Plausible’ TCPA Claim, Says Toyota of Dallas

Toyota of Dallas denies the allegations in plaintiff Rhonn Mitchell’s June 6 class action that it violated the Telephone Consumer Protection Act, said the car dealership’s answer Monday (docket 3:23-cv-01278) in U.S. District Court for Northern Texas in Dallas. Mitchell alleges the dealership texted his residential phone with a telemarketing solicitation, was told to stop texting him, but it nevertheless texted him again on numerous occasions with more telemarketing solicitations. Toyota of Dallas affirmatively alleges that Mitchell’s complaint “fails to state a plausible claim upon which relief can be granted" under any theory of action under the TCPA, it said. It denies making, initiating or directing “any of the alleged communications" to Mitchell or any member of the putative class, it said.