Allstate Insurance Co. must defend allegations that it violated the Telephone Consumer Protection Act by contacting consumers on their cell phones without prior consent, despite one plaintiff having accepted an offer of judgment, as the other plaintiff has yet to accept and may still move for class certification, according to a June 10 decision by the U.S. District Court for the Northern District of California (Chen v. Allstate Insurance Co., N.D. Cal., No. 4:13-cv-00685-PJH, 6/10/13).
Richard Chen filed the putative class action against Allstate Insurance Co., with which he had no preexisting relationship, after receiving at least eight calls to his cell phone using an automatic telephone dialing system. The complaint was later amended to add Florencio Pacleb as a plaintiff. In April 2013, Chen accepted Allstate's $15,000 offer of judgment and was dismissed. Pacleb never responded, prompting Allstate to move for dismissal, arguing that the offer mooted Pacleb claims and, alternatively, that he could not state a claim under the statute because, as he conceded, he was not the intended recipient of the calls.
The court rejected both arguments, explaining that, even if the claims are moot, the entire case cannot be dismissed for lack of subject matter jurisdiction per Pitts v. Terrible Herbst, Inc., 653 F.3d 1081, 1086-87 (9th Cir. 2011), and Pacleb may still move for class certification. Furthermore, it reckoned that the question of standing, “given that the calls appeared to be addressed to someone other than [Pacleb],” raises a factual dispute and is not ripe for dismissal at this stage. Finally, the court granted the motion to dismiss insofar as it alleged knowing and willful violations, as Pacleb conceded to the dismissal of those claims.
Text of the court's decision is at http://www.bloomberglaw.com/public/document/Chen_et_al_v_Allstate_Insurance_Company_Docket_No_413cv00685_ND_C -- at Bloomberg Law's website.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)