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ARTICLE · 24 APRIL 2023

Established Business Relationship Defeats TCPA Class Claims

Manatt, Phelps & Phillips, LLP
Manatt, Phelps & Phillips, LLP
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Manatt, Phelps & Phillips, LLP

Manatt, Phelps & Phillips, LLP

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A plaintiff's Telephone Consumer Protection Act (TCPA) class action claims failed in the face of an established business relationship defense, an Illinois federal court has ruled.

United StatesMedia, Telecoms, IT, Entertainment

A plaintiff's Telephone Consumer Protection Act (TCPA) class action claims failed in the face of an established business relationship defense, an Illinois federal court has ruled.

In early 2019, Jo Ann Sorsby began using TruGreen lawn care services. During that time, she received calls from TruGreen representatives up to twice a week soliciting her to purchase additional services from the company.

She informed TruGreen that she was not interested in the additional services and in August 2019 canceled her TruGreen lawn services. However, after Sorsby terminated her relationship, she received eight additional calls from TruGreen, despite repeatedly asking for the calls to stop.

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