Court Should Dismiss CBE’s Counterclaims Over TCPA Class Action: Verizon
Verizon’s debt collector, CBE Customer Solutions, “cannot state a claim for breach of the implied covenant of good faith and fair dealing or unjust enrichment under the facts it has pled here,” said Verizon’s reply memorandum Friday (docket 1:22-cv-08703) in…
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U.S. District Court for Southern New York. Verizon alleges CBE refused to reimburse it for costs incurred defending a Telephone Consumer Protection Act class action that arose from CBE’s negligence. CBE countersued, alleging any negligence that mushroomed into a TCPA class action and settlement was of Verizon’s doing, not CBE’s (see 2212140027). CBE’s unjust enrichment claim “is nothing more than a thinly disguised breach-of-contract claim that attempts to imbue a commercial agreement negotiated between two sophisticated parties with conditions and obligations that they did not bargain for,” said Verizon’s Friday reply. “New York law does not countenance such an outcome.” The court should enter judgment on the pleadings in Verizon’s favor, and dismiss CBE’s counterclaims against Verizon “in their entirety,” it said.