Cunningham v Chiorizi Serial TCPA Plaintiff’s Case Dismissed

Pleased Friday afternoon, TCPAWorld. Properly, you might be glad to know {that a} TCPA serial plaintiff, Craig Cunningham’s criticism (Sure, that notorious professional se plaintiff, Craig Cunningham) simply obtained dismissed by a district courtroom within the Ninth Circuit below Rule 12(b)(6). See Cunningham v. Chiorzi, No. 3:20-cv-386-SI, 2020 U.S. Dist. LEXIS 102464 (D. Or. June 11, 2020).

Cunningham alleges that he obtained at the least 22 sexually specific textual content messages soliciting him to hitch grownup relationship web sites and to buy a product known as “Bio-Viraxegan.” He asserts that the textual content messages had been prompted to be despatched by the defendant by way of an ATDS. Nonetheless, the textual content messages didn’t determine the sender, and Cunningham doesn’t allege any information primarily based on which he believes defendant is the accountable individual.

Defendant filed a Rule 12(b)(6) movement to dismiss the criticism. Within the courtroom’s dialogue, the courtroom factors out at the least three main deficiencies within the criticism: First, no further information to assist the ATDS assertion past a single assertion that “[e]ach name was despatched by an ATDS;” second, no indication as to the dates for the alleged textual content messages; and third, additionally essentially the most fundemental one, no factual allegations to assist a declare in opposition to this defendant. Cunningham merely states that “Plaintiff recognized the Defendant Shaun Chiorzi aka Shaun Ghiorzi[] is the individual profiting and directing these textual content messages to be despatched to the Plaintiff.”

Based on the courtroom’s evaluation:

The Criticism fails to state a declare on which aid will be granted as a result of its threadbare factual allegations quantity to a mere recitation of the weather of a TCPA declare and are speculative.

Hopefully this will ship one other sign to those serial plaintiffs that their complaints which can be nothing greater than a mere recitation of the TCPA parts is not going to be tolerated by the courtroom. After all, there could not even be a spot for them within the courtroom relying on how the Supreme Courtroom will selected the destiny of the TCPA, which we will see very quickly.

Keep tuned, TCPAWorld residents.