Prior TCPA cases generally favored the plaintiff, making the ruling “a significant and notable victory,” according to the insurer’s litigators from Los Angeles-based law firm Manatt, Phelps & Phillips.
In the class action lawsuit, plaintiff Anton Ewing accused San Francisco-based BCBS of California and SQM US of violating TCPA by calling his cellphone with an autodialer without his permission. The plaintiff said the number BCBS of California allegedly called was linked to a cellphone service that charges the plaintiff for incoming calls. In addition, the plaintiff said he sought to represent those who received similar calls during the four years prior to the case.
However, BCBS of California argued the plaintiff was not pleading injury-in-fact, as required to prove a TCPA violation.
Judge Cathy Ann Bencivengo agreed with the payer and SQM US, dismissing the lawsuit Sept. 29.
The case if filed as Case 3:16-cv-01609-CAB-JLB.
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