Dental Services Firm Denies All Allegations of TCPA Wrongdoing
Brident Dental Services denies “each and every allegation” in plaintiff Radley Bradford’s Sept. 15 Telephone Consumer Protection Act class action that it sends consumers persistent telemarketing text messages even after they opt out of receiving them (see 2309180003), said Brident’s…
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.
answer Monday (docket 4:23-cv-03460) in U.S. District Court for Southern Texas in Houston. Bradford has failed to state any TCPA claim against Brident “for which relief can be granted,” it said. The claims also may be barred due to the plaintiff’s failure “to mitigate his damages,” or through his own “contributory negligence,” Brident said. He also has suffered no concrete harm “as a result of any alleged act or omission of Brident,” it said. “With respect to any damages proven to have been suffered” by Bradford as alleged in the complaint, “which Brident wholly denies,” such damages “have been and will be proximately caused, in whole or in part, by the acts or omissions of persons other than Brident over whom it had no control and for whose conduct it is not responsible,” said the defendant. That “bars or diminishes any recovery” that Bradford could make against Brident, it said. To the extent that any or all the plaintiff’s claims “are subject to arbitration in accordance with the terms and conditions of any account,” Brident reserves the right to compel arbitration under those terms and conditions, it said.