Lyman

Lyman v. Quinstreet, Inc.

Good Law
United States District Court, Northern District of CaliforniaJuly 12, 20245:23-cv-05056California2,536 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MAXX LYMAN, Case No. 23-cv-05056-PCP

Plaintiff,

ORDER DENYING MOTION TO

v. DISMISS

QUINSTREET, INC., Re: Dkt. No. 22 Defendant.

12 In this putative class action, plaintiff Maxx Lyman alleges that defendant QuinStreet violated the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 et seq., when it made telemarketing calls to solicit potential insurance customers by contacting numbers on the National Do Not Call Registry (“Do Not Call Registry”). According to Mr. Lyman, QuinStreet’s acts and omissions were negligent, willful, or knowing. Before the Court is QuinStreet’s Rule 12(b)(6) motion to dismiss Mr. Lyman’s complaint for failure to state a claim. QuinStreet argues that Mr. Lyman cannot establish a claim under Section 227(c) of the TCPA because his phone number “is connected to a cell phone” and is therefore “not a ‘residential telephone’” under the statute. For the following reasons, the Court …

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.