Case Result: Plaintiff Hangs Up on Robocall Claim

by | Jul 30, 2021 | Case Results, Medical Malpractice | 0 comments

Partners Kenneth R. Larywon and Gregory J. Radomisli obtained a successful discontinuance in the Eastern District of New York. Plaintiff sued the defendant arguing violation of the Telephone Consumer Protection Act, alleging that the defendant used an automatic telephone dialing system to sell its services. In a pre-Answer motion to dismiss, we argued that 1) the plaintiff was not a consumer, but a sushi restaurant; 2) the defendant was not selling goods or services because it was a healthcare provider; and 3) the plaintiff was not able to allege the phone number from which the calls were allegedly made, the phone number to which the calls were allegedly made or the content of any of the calls.

After requesting multiple adjournments, plaintiff’s counsel conceded that he could not state a cause of action, and discontinued the case.