On October 19, the United States District Court for the District
of New Mexico
denied defendants' motion to dismiss a TCPA putative class
action on Spokeo grounds.
In LaVigne v. First Community Bancshares, Inc., et al.,
the plaintiff contends that the defendants called her on her cell
phone approximately 195 to 265 times using an automatic telephone
dialing system ("ATDS") without her prior express consent
and even after she informed them that they had the wrong
number. LaVigne supposedly answered about 70 percent of the
calls. She filed a class action lawsuit seeking to represent
all persons in the United States who received a non-emergency
telephone call from the defendants using an ATDS within four years
of the filing of the complaint where defendants did not have the
prior express consent of that person. The defendants
subsequently filed a motion to dismiss, arguing that LaVigne lacked
standing under the standards espoused in Spokeo, Inc. v.
Robins.
