Amended TCPA Complaint vs. P&G Alleges National and Fla. Class
Plaintiff Christa Simmons filed her first amended complaint Sunday alleging Procter & Gamble violated the Telephone Consumer Protection Act and the Florida Telephone Solicitation Act by inundating her with text messages promoting its Oral-B line. Her amended complaint (docket 0:22-cv-61956),…
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in U.S. District Court for Southern Florida in Fort Lauderdale, deletes language in her Oct. 20 original that P&G “engages in telemarketing without the requisite policies and procedures and training required under the TCPA and its implementing regulations.” It adds language missing from the original establishing the Fort Lauderdale federal court as the proper venue. Jurisdiction is proper because Simmons “alleges a national and Florida class, which will result in at least one class member belonging to a different state” than that of P&G, said the amended complaint. P&G argued Jan. 17 that Simmons’ complaint “must be dismissed in its entirety” under the 11th Circuit’s “binding precedent” in Salcedo v. Hanna because she “did not suffer an injury in fact sufficient to confer Article III standing” (see 2301180001).