Masuda

ORDER DENYING MOTION TO DISMISS AND VACATING HEARING

Before the court is the motion of defendant Citibank, N.A. (“Citibank”) for an order dismissing the first and third causes of action alleged in the first amended complaint (“FAC”). Having read the parties’ papers and carefully considered their arguments and the relevant legal authority, the court hereby DENIES the motion as follows.

BACKGROUND

Plaintiff Stevin Masuda (“Masuda”) alleges that defendant Citibank placed repeated calls to his cell phone, using an automated dialer to call and leave prerecorded telephone messages without consent or an established prior business relationship. Masuda, who was not a Citibank customer, alleges that between April and November 2014 he received over 300 calls from Citibank seeking to collect on a Citibank Mastercard consumer credit card. He alleges that over this period he contacted Citibank by telephone twice to request that the calls stop and that he additionally sent written correspondence twice and an email once requesting that the calls stop, yet they continued.

Masuda originally filed suit in this court on January 10, 2014, alleging causes of action for (1) violation of the…