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
Jul 16, 2026
Jennifer Driscoll Anticipates Epic Battle Between “Titans of the Antitrust Bar”

Press Release
Jul 15, 2026
Two Hinshaw Partners Recognized in Minnesota Monthly's 2026 Top Lawyers in Minnesota

Event
July 13-15, 2026
Hinshaw Proudly Sponsors 2026 Lavender Law Conference and Career Fair

Webinar
Jul 14, 2026
Scott Seaman Presents on Horizontal vs. Vertical Exhaustion of Insurance

Healthcare Alert
Jul 8, 2026
A New Era of Compliance Standards for California DSOs and MSOs After the Aspen Dental Settlement

Insights for Insurers Alert
Jul 7, 2026
What Insurers Need to Know About California’s FAIR Plan Assessment Recoupment Guidance

In The News
Jul 6, 2026
Francesco Palanda’s Practical Guide for Mitigating AI-Related Business Interruption Risk

Lawyers' Lawyer Newsletter
Jun 29, 2026
Beyond Malpractice: The Rising Threat of Privacy and Statutory Claims Against Lawyers




