Plaintiff's TCPA Class Action Should Be Dismissed, Relief Denied, Says QuoteLab
Plaintiff Maria Echols’ class action against QuoteLab, “erroneously named” as MediaAlpha in a June TCPA complaint (see 2306150046), should be dismissed with prejudice and the class certification and requested relief denied, said defendant Adroit Health in its Friday response (docket…
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6:23-cv-00758) in U.S. District Court for Northern Alabama in Jasper. Echols failed to exercise reasonable efforts to mitigate alleged damages, consented to all conditions alleged to have caused harm, and damages were caused by intervening and superseding acts or negligence of parties other than the defendant, said the response. Echols’ claims are barred because of the doctrine of waiver, unclean hands, estoppel and laches; the First, Fifth, Sixth, Eighth and Fourteenth amendments and Article I of the U.S. Constitution; and by the “Safe Harbor” provision under the TCPA, it said. Echols alleges in her July complaint that Adroit Health, via telemarketer and co-defendant MediaAlpha, made over 20 calls to her over a three-day period in May from a number with a spoofed area code despite her listing on the do not call registry. Plaintiff and class members were harmed by the defendants’ acts because their privacy was violated, they were “annoyed and harassed,” and they were harmed by use of their telephone power and network bandwidth and by the intrusion on their phone line that occupied it from receiving “legitimate communications,” the complaint alleged. Echols seeks up to treble damages as provided by the TCPA of up to $1,500 for each violation.