Democratic PAC Urges 3rd Circuit to Affirm Dismissal of TCPA Complaint

The U.S. District Court for Eastern Pennsylvania in Philadelphia was correct in its July 18 decision granting the motion of defendant Montgomery County Democratic Committee, a political action committee, to dismiss plaintiff Andrew Perrong’s amended Telephone Consumer Protection Act complaint with prejudice for failure to state a claim, said the committee’s appellee brief Thursday (docket 23-2415) in the 3rd U.S. Circuit Court of Appeals. The district court correctly held that an automatic telephone dialing system isn’t used in violation of TCPA “when calling all phone numbers on a previously compiled list, whether randomly or sequentially,” so long as the numbers on the list weren’t “themselves generated randomly or sequentially,” said the committee’s brief. Should the 3rd Circuit determine that the district court’s holding was incorrect, the district court’s dismissal should still be upheld on the “alternative ground” that the amended complaint fails to adequately allege that the committee placed the three alleged calls to Perrong to promote Democratic candidates, it said.