James E. Shelton v. Freedom Forever LLC

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

JAMES E. SHELTON,

Plaintiff,

CIVIL ACTION

v. NO. 24-4333

FREEDOM FOREVER, LLC,

Defendant. Pappert, J. March 4, 2025

MEMORANDUM

James Shelton, the named plaintiff in this putative nationwide class action, sued Freedom Forever, LLC, alleging it violated the Telephone Consumer Protection Act by placing calls to phone numbers listed on the National Do-Not-Call Registry. Freedom Forever moves to partially dismiss Shelton’s Complaint under Federal Rule of Civil Procedure 12(b)(6) or, in the alternative, transfer the case to the United States District Court for the Central District of California under 28 U.S.C. § 1404. The Court grants the transfer motion. I Shelton filed this lawsuit on August 20, 2024, alleging, inter alia, that in August of 2022, May of 2024, and June of 2024, he received sales calls and texts from Freedom Forever. (Compl. ¶ 27–28, 32, ECF No. 1.) Because his phone number was listed on the National Do-Not-Call Registry, (id. at ¶ 25), he alleges each communication violated the TCPA. The Complaint…