TCPA Class Action Plaintiff Lacks Article III Standing, Says In-Home Therapy Firm
Plaintiff Victor Mallh’s Telephone Consumer Protection Act class action fails to state a claim on which relief may be granted and should therefore be dismissed under Federal Rule of Civil Procedure 12(b)(6), said defendant Luna Care’s answer Friday (docket 1:23-cv-06676)…
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in U.S. District Court for Eastern New York in Brooklyn. Mallh alleges that Luna Care, an in-home physical therapy business that matches patients with therapists in dozens of states, sends unsolicited fax ads to market or sell its services and goods, in violation of the TCPA (see 2309080001). But Mallh and the putative class members lack Article III standing to bring the complaint because they haven’t suffered “a concrete and particularized injury,” said Luna Care’s answer. Luna Care's actions “were fair and reasonable and were performed in good faith based on all the relevant facts known to Luna Care,” it said. Luna Care “acted with a good faith belief that it had good cause and/or a legitimate business reason to act as it did and did not directly or indirectly perform any acts that would constitute a violation” of Mallh’s or the putative class members’ rights, it said. As a consequence, Mallh and the putative class members “are not entitled to any damages whatsoever,” it said.