Mendez

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

Presently before the Court is a motion to dismiss for failure to state a claim for which relief may be granted filed by Defendant Optio Solutions, LLC doing business as Qualia Collection Services (“Op-tio”). (Doc. No. 10.) Plaintiff Sarah Mendez (“Mendez”) opposes the motion. (Doc. No. 12.) Having reviewed the parties’ moving papers and controlling legal authority, and pursuant to Local Civil Rule 7.1.d.l, the Court finds the matter suitable for decision on the papers and without oral argument. For the reasons set forth below, the Court GRANTS Optio’s motion.

Background

This dispute, styled as a class action, arises from phone calls Optio made to Mendez using an automatic telephone dialing system (“ATDS”) and artificial or prerecorded voice. Mendez asserts that over an undefined period of time beginning around at least October 2015, she began to receive unsolicited phone calls from Optio even though she never provided Optio with her cellular phone number and had no accounts or other relationship with Optio. (Doc. No. 1 ¶ 17.) Mendez alleges Optio called her at least 120 times. (Id. ¶19.) Mendez further…