Situation
After defaulting on a loan, a borrower filed suit alleging that, in violation of the Telephone Consumer Protection Act (TCPA), First Tower Loan used an automatic telephone dialing system to call borrowers’ cellphones.
Result
At the outset, our team filed a motion to dismiss for lack of personal jurisdiction. Before the plaintiff could put First Tower Loan to the cost of jurisdictional discovery, we worked to prepare and proffer to the plaintiff multiple, detailed affidavits regarding the configuration and use of First Tower Loan’s phone equipment. We convinced the plaintiff to voluntarily dismiss the case with prejudice, achieving complete victory for First Tower Loan without incurring the substantial cost of prolonged TCPA litigation.