Clayton
Clayton v. Synchrony Bank
Opinion
Lead Opinion
Thurston, J.
ORDER GRANTING DEFENDANT’S MOTION TO STAY
Laurence Clayton asserts Defendant Synchrony Bank engaged in improper debt collection practices through repeatedly calling his cell phone number and using an automatic telephone dialing system to place its calls. Therefore, Plaintiff asserts Defendant is liable for violations of the Rosenthal Fair Debt Collection Practices Act and Telephone Consumer Protection Act (“TCPA”). (See Doc. 1 at 6-10) Defendants seek to stay the action pending a ruling by the D.C. Circuit Court, which is considering the definition of “automatic telephone dialing system” under the TCPA. (Doc. 9) For the following reasons, Defendant’s motion for a stay is GRANTED.
I.Procedural History
Plaintiff initiated this action by filing a complaint in Kern County Superior Court, Case No. BCL-16-012755 on July 18,2016. (Doc. 1 at 6) Plaintiff alleges that since January 2016, “Defendant has called Plaintiff approximately three hundred times on his cell number.” (Id. at 7, ¶ 5) He asserts that he “told Defendant to stop calling him, on at least one occasion.” (Id.) According to Plaintiff, “Defendant continued to call Plaintiff despite his request to stop the calls.” (Id.)…