Schlesinger
Schlesinger v. Collins
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BRIAN SCHLESINGER, Case No. 19-cv-03483-EMC
Plaintiff,
ORDER DENYING DEFENDANT’S
v. MOTION TO DISMISS; AND
GRANTING DEFENDANT’S MOTION
JOSHUA COLLINS, TO TRANSFER Defendant. Docket No.
12 13 Plaintiff Brian Schlesinger has filed suit against Defendant Joshua Collins, doing business as xpresscapitalgroup.com,1 asserting a violation of the federal Telephone Consumer Protection Act (“TCPA”), see 47 U.S.C. § 227(b)(1)(A)(iii), and similar California law. See Cal. Civ. Code § 1770(a)(22)(A). According to Mr. Schlesinger, Mr. Collins violated these statutes because he, or another person acting on his behalf, called Mr. Schlesinger using an artificial or prerecorded voice without Mr. Schlesinger’s prior express consent. Mr. Schlesinger seeks relief not only for himself but also for a nationwide class (for the TCPA claim) and a California class (for the California claim). Currently pending before the…