Plaintiff Who Got 10 Texts in Single Hour Settles With Pa. GOP Committee That Sent Them
Plaintiff Mark Fidanza reached an agreement in principle to resolve his Telephone Consumer Protection Act claims against the Republican Committee of Chester County, Pennsylvania, Fidanza’s counsel, Steve Mahan of Weisberg Cummings, wrote U.S. District Judge Kelley Brisbon Hodge for Eastern…
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Pennsylvania in Philadelphia in a letter Wednesday (docket 2:22-cv-05185). The parties “are in the process of finalizing said resolution,” said Mahan. They are in agreement that the court “may process this case as settled,” he said. “To that end,” they asked the court to issue an order dismissing the action without costs and without prejudice to the right of either party, on good cause shown within 60 days, “to reinstate the action if settlement is not consummated,” he said. Fidanza’s Dec. 29 class action alleged the committee inundated his cellphone with 17 text message solicitations in the run-up to the Nov. 8 midterm elections, including 10 text messages he received in less than a single hour (see 2212280028). The case took its unusual turn when the committee filed a third-party complaint that sought to hold its telemarketing vendors accountable for money damages in case it was found vicariouly liable for the alleged TCPA wrongdoing (see 2305040004).