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Wreyford v. Citizens for Transp. Mobility, Inc.

United States District Court, N.D. Georgia

August 1, 2013

HAYDEN WREYFORD, on behalf of himself and all others similarly situated, Plaintiff,
v.
CITIZENS FOR TRANSPORTATION MOBILITY, INC. and ON TARGET PUBLIC AFFAIRS, Defendants

For Hayden Wreyford, on behalf of himself and all others similarly situated, Plaintiff: James Marvin Feagle, LEAD ATTORNEY, Skaar & Feagle, LLP-Decatur, Decatur, GA; Justin Tharpe Holcombe, Kris Kelly Skaar, LEAD ATTORNEYS, Skaar & Feagle, LLP - Marietta, Marietta, GA.

For Citizens for Transportation Mobility, Inc., Defendant: Anthony Michael DelRio, Benton J. Mathis, Jr., Freeman Mathis & Gary, Atlanta, GA; Jeremy Patrick Burnette, Troutman Sanders, LLP-ATL, Atlanta, GA; Matthew Nolan Foree, Freeman Mathis & Gary, LLP, Atlanta, GA.

For On Target Public Affairs LLC, Defendant: Barry Goheen, King & Spalding, Atlanta, GA; John Anthony Love, King & Spalding, LLP-ATL 40, Atlanta, GA.

OPINION

ROBERT L. VINING, JR., Senior United States District Judge.

Page 1379

ORDER

The plaintiff brings this action against the defendants for violations of the Telephone Consumer Protection Act (" TCPA" ), 47 U.S.C. § 227, for the alleged placement of telephone calls to cell phones using an automatic telephone dialing system and prerecorded or artificial voice message. Currently before the court is defendant Citizens for Transportation Mobility's ("CTM" ) motion for judgment on the pleadings [Doc. No. 57] and On Target's notice of joinder in CTM's motion for judgment on the pleadings [Doc. No. 59]. Additionally before the court is a motion for oral argument on the motion for judgment on the pleadings [Doc. No. 81].

I. Background

On March 15, 2013, CTM filed a motion for judgment on the pleadings. In their motion, the defendants bring an as-applied challenge to the constitutionality of the TCPA, arguing that applying the TCPA to prohibit the automated calls to cell phones at issue in this case would violate the First Amendment. Defendant On Target Public Affairs has joined CTM's motion. Thereafter, pursuant to Federal Rule of Civil Procedure 5.1, the United States filed its notice of intervention and filed a memorandum

Page 1380

in defense of the constitutionality of the TCPA.

CTM is a non-profit corporation organized under the law of the State of Georgia. CTM was organized to advocate for the passage of a Special District Transportation Sales and Use Tax (" TSPLOST" ) for the funding of certain transportation projects in the metropolitan Atlanta area. As part of its advocacy program, CTM engaged the services of defendant On Target Public Affairs LLC, a marketing firm, to handle telephone calls to potential voters.

According to the plaintiff's complaint, the plaintiff alleges that on July 18, 2012, and July 20, 2012, On Target initiated two telephone calls using a prerecorded voice message regarding the transportation referendum to his cellular phone number using an automatic dialing system. The plaintiff further alleges that CTM hired On Target to initiate the calls on CTM's behalf to advocate the passage of the ...


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