TCPA Defendant Sidesteps Suit With Improper Identification

The failure of a plaintiff in a Telephone Consumer Protection Act (TCPA) action to properly identify the defendant led a New Jersey federal court to dismiss the action with prejudice.

Brennan Landy filed a putative class action against Vision Solar, LLC d/b/a Solar Exchange. The one-count complaint alleged that Landy received more than one telephone solicitation from the defendant despite being registered on the National Do Not Call Registry.

Defendant moved for dismissal of the initial complaint because it claimed that no corporate entity named "Vision Solar, LLC d/b/a Solar Exchange" exists or was formed. Landy wrongly attempted to combine two distinct and separate entities as a single entity without any support for using the legally operative "d/b/a" designation or attempt to link the two entities in the complaint, the defendant told the court. The court granted the motion with leave to file an amended complaint.