Vintage Stock Can’t Deny TCPA Wrongdoing, Says Plaintiffs’ Memorandum
Entertainment retailer Vintage Stock doesn’t and can’t deny allegations of Telephone Consumer Protection Act wrongdoing because those allegations “are obviously true,” said plaintiffs Sheila and Dennis Thompson in their legal memorandum Wednesday (docket 4:23-cv-00042) in U.S. District Court for Eastern…
Sign up for a free preview to unlock the rest of this article
Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.
Missouri in St. Louis in opposition to Vintage Stock’s motion to dismiss count 2 of their amended complaint and to strike all their class allegations (see 2303020017). Vintage Stock unlawfully sent the Thompsons dozens of text messages to numbers listed on the national and Missouri do not call registries, said their memorandum. The text messages “were generic and obviously directed to many people,” it said. Vintage Stock doesn’t contest, and the Thompson have properly pled, the defendant “was not allowed, under any circumstances, to send any advertising text messages,” it said. But it did so anyway, in violation of the TCPA, it said. Vintage Stock improperly “is raising issues of class definition at the motion to dismiss stage of this case, but issues of class definition are determined at the class certification phase and not on a motion to strike or dismiss,” said the memorandum. The Thompsons should be allowed to do discovery on the members of the class that received Vintage Stock’s unlawful text messages, it said. The Thompsons can then amend their complaint “in conformity with the evidence, or move for class certification for a proper class supported by the actual evidence,” it said.