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Reid v. GE Capital Retail Bank

United States District Court, Southern District of Georgia

December 9, 2014

BRITTANY REID, Plaintiff,
v.
GE CAPITAL RETAIL BANK, Defendant.

ORDER

RANDAL HALL UNITED STATES DISTRICT JUDGE

Before the Court are Defendant's motions to dismiss Plaintiff's complaint (docs. nos. 8, 10) under the Telephone Consumer Protection Act ("T.C.P.A."), 47 U.S.C. § 227. For the reasons stated herein, Defendant's motions to dismiss are DENIED.

I. BACKGROUND

On March 21, 2014, Plaintiff filed a complaint alleging that Defendant's numerous automated debt collection calls to Plaintiff's cellular telephone violated the T.C.P.A. Defendant filed a motion to dismiss, then Plaintiff filed an amended complaint. (Docs. nos. 8, 9.)

Plaintiff alleges that, during a telephone conversation with Defendant's representative "Lex" on February 18, 2014, Plaintiff orally revoked any consent to receive Defendant's calls to her cell phone using an "automatic telephone dialing system" ("A.T.D.S."). (Am. Compl. ¶¶ 12-14.) After Plaintiff revoked her consent, Plaintiff alleges that Defendant placed at least fifty-four automated calls to her cell phone number (912) 412-70XX from (330) 433-5979 using an A.T.D.S. (Id. ¶¶ 9, 10, 15, 16.) Defendant called Plaintiff everyday for two weeks as follows:

February 24, 2014: one call at 7:44pm;
February 25, 2014: four calls at 8:22am, 2:03pm, 4:42pm, 7:40pm;
February 26, 2014: two calls at 8:37am, 7:37pm;
February 27, 2014: four calls at 9:49am, 12:37pm, 3:33pm, 5:11pm;
February 28, 2014: four calls at 8:08am, 12:09pm, 3:55pm, 6:15pm;
March 1, 2014: four calls at 8:12am, 10:33am, 12:50pm, 8:05pm;
March 2, 2014: three calls at 1:02pm, 4:04pm, 8:01pm;
March 3, 2014: four calls at 8:32am, 1:34pm, 5:54pm, 7:55pm;
March 4, 2014: five calls at 9:20am, 11:44am, 1:12pm, ...

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