TCPA Case Dismissed On Spokeo Reasoning

The District Court for the Southern District of California recently granted a motion to dismiss in a Telephone Consumer Protection Act case based on the Supreme Court's decision in Spokeo, finding that the plaintiff failed to put forth evidence proving an injury-in-fact.  

In Romero v. Department Stores National Bank, the defendant creditors allegedly attempted to call the plaintiff on her cell phone number after she failed to make payments on her credit card.  Plaintiff claimed that Defendants called her on numerous occasions using an automated telephone dialing system ("ATDS"), but Plaintiff only answered three of those telephone calls.  Plaintiff's complaint alleged that she suffered "severe and substantial emotional distress."  Defendants subsequently filed a motion to dismiss, arguing that Plaintiff lacked Article III standing.  The Court agreed with Defendants.