Edwards
Edwards v. Oportun, Inc.
Opinion
Lead Opinion
Laporte, J.
ORDER DENYING IN PART AND GRANTING IN PART DEFENDANT’S MOTION TO DISMISS AND DENYING DEFENDANT’S REQUEST TO STAY CASE
On March 31, 2016, Defendant, Oportun, Inc., filed a Motion to Dismiss and Strike the Complaint or in the Alternative to Stay the Action. Dkt. No. 10. Plaintiff, Kenyard Edwards, filed an Opposition on May 16, 2016, and Defendant filed a Reply on May 23, 2016. The Court held a hearing on June 7, 2016. For the reasons set forth below, Defendant’s motion is GRANTED in part and DENIED in part. Defendant’s request to stay the case is DENIED.
I. FACTUAL AND PROCEDURAL BACKGROUND
This class action lawsuit involves alleged violations of the Telephone Consumer Protection Act, 47 U.S.C. § 227 , et. seq. arising out of debt collection telephone phone calls made by Defendant to Plaintiff. Plaintiff alleges that Defendant made twenty-six calls to his cell phone to collect a debt owed by someone other than Plaintiff. FAC at ¶ 1. He alleges that Defendant did so “using an autodialer and/or an artificial or prerecorded voice without his prior express written consent” in violation of the TCPA. FAC at ¶¶ 1-2. Plaintiff seeks statutory damages in the amount of $1,500 for each…