Romero

Romero v. Department Stores National Bank

Good Law
199 F. Supp. 3d 1256·2016 WL 4184099·2016 U.S. Dist. LEXIS 110889
United States District Court, Southern District of CaliforniaAugust 5, 2016Case No.: 15-CV-193-CAB-MDDCalifornia4,360 words

Opinion

Lead Opinion

Honbencivengo, J.

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION

This matter is before the Court on Defendants’ motion to dismiss for lack of subject matter jurisdiction on the grounds that Plaintiff lacks standing under Article III of the Constitution. The parties have each filed three briefs on the issue, and the Court held oral argument on June 2, 2016. For the reasons set forth below, the motion is granted.

I. Background

In 2014, Plaintiff failed to make payments on the amount owing on her Mac/s credit card. To collect that debt, Defendants, who were the creditors, called Plaintiff on her cellular telephone, which is the only telephone number Plaintiff had provided for her account. Plaintiff contends that Defendants called her over 290 times using an automated telephone dialing system (“ATDS”) over the course of six months between July and December 2014. Plaintiff answered only three of these telephone calls: one in July, one in September, and one in December. According to Plaintiff, on each of these occasions she asked Defendants to stop calling her. Defendants did not call Plaintiff again after the last call Plaintiff answered in December 2014. In…

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