David Schultz Analyzes in ARM Compliance Digest: Judge Denies MTD in TCPA Class Action Even Though Plaintiff Pressed 'Two'
In The News | 1 min read
May 24, 2023
In the May 22, 2023 edition of the ARM Compliance Digest, Hinshaw partner David Schultz discussed a Missouri district court judge's decision to deny a defendant's motion to dismiss in a Telephone Consumer Protection Act (TCPA) class action that alleged a debt collector used a prerecorded message instructing the plaintiff to "press two if you are not this person." The plaintiff pressed two, the call ended, and the plaintiff subsequently filed a class action. Schultz analyzed the decision as follows:
[Plaintiff's] putative class action TCPA claims appear weak. Consequently, the defense came out with an aggressive challenge, arguing: (1) plaintiff lacked Article III standing, (2) plaintiff failed to plead necessary elements of his claim, (3) plaintiff and the class could not seek injunctive relief, and (4) the court should strike the class action claims. It thus went for a knockout punch. The court, though, rejected all of the arguments – at least for now.
There is a lot of strategy that goes into motion practice, and I don't question the motions here. Each argument had merit and is preserved, and the rulings may give insight on how to later approach the case. However, if nothing else, the Saggio v Medicredit opinion highlights the difficulties with early motions on the pleadings. The standards, as the court repeatedly stated, favor the plaintiff.
"Judge Denies MTD in TCPA Class Action Even Though Plaintiff Pressed '2'" was published by ARM Compliance Digest on May 22, 2023
Read the full May 22, 2023 edition of the AccountsRecovery.net Compliance Digest.
Related People
Related Capabilities
Related Locations
Featured Insights

In The News
Oct 23, 2026
Michael Dowell Discusses Potential Impact of Proposition 44 on California Community Clinics

In The News
Oct 21, 2026
Scott Seaman Says Walmart Ruling is an "Aberration" in the Opioid Insurance Battle

Event
October 21 – 23, 2026
D.L. Morriss Presents on International Banking Litigation and AI Regulation

Press Release
Oct 20, 2026
Seasoned Litigator Joins Hinshaw's Aviation and Aerospace Team in Chicago

Consumer Crossroads: Where Financial Services and Litigation Intersect
Oct 19, 2026
Refile, Repeat: Ohio’s Savings Statute Allows for Unlimited Bites of a Time-Barred Claim

Consumer Crossroads: Where Financial Services and Litigation Intersect
Oct 16, 2026
Key Takeaways from the 2026 ACVL Conference for the Auto Finance Industry

Press Release
Oct 16, 2026
Nia Binns Re-Appointed Health and Wellness Committee Co-Chair of the BWLA

In The News
Oct 16, 2026
Jennifer Driscoll Explains How Bond Request Spurred AG Settlement in Paramount Merger

Consumer Crossroads: Where Financial Services and Litigation Intersect
Oct 15, 2026
OCC Releases Debanking Report on Largest Banks; CFPB Announces Follow-On Initiative




