Plaintiff Sufficiently Established Her Phone Was ‘Residential,’ Says Judge

U.S. District Judge Lindsay Jenkins for Northern Illinois in Chicago denied the motion of New York Tribeca Group (NYTG), a commercial loan company, to dismiss plaintiff Porsche Stegall’s first amended Telephone Consumer Protection Act class action for failure to state a claim (see 2308210033), said the judge’s minute entry Monday (docket 1:23-cv-02862). Stegall alleges that NYTG runs “an aggressive cold-calling telemarketing campaign” that violates the TCPA. Contrary to NYTG’s motion to dismiss, Stegall’s allegations “here are sufficient at the pleadings stage to establish that the phone on which she received the calls was a ‘residential’ phone” under the TCPA, said the judge. NYTG’s answer to the amended complaint is due Nov. 13, said the judge.