Girard Sharp Prevails on Motion to Dismiss in T-Mobile TCPA Case

U.S. District Judge J.P. Boulee on August 16, 2020 denied T-Mobile’s amended motion to dismiss claims brought against it for violations of the Telephone Consumer Protection Act.

Girard Sharp attorneys are prosecuting the case charging T-Mobile with continuing to send text messages to the plaintiff and ignoring his do-not-call requests.

The court found that the plaintiff stated a claim by detailing the text messages he received and the actions he took to stop T-Mobile from contacting him. The court also found that the plaintiff’s allegations adequately supported his standing to sue by demonstrating tangible harm sufficient to satisfy the Eleventh Circuit’s analysis in the TCPA case Salcedo v. Hanna.

Daniel Girard and Simon Grille serve as co-lead counsel in Persichetti v. T-Mobile USA, Inc. along with co-counsel from Skaar & Feagle LLP.

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