De la Cabada v. Ytel, Inc.

Good Law
United States District Court, Northern District of CaliforniaMarch 10, 20203:19-cv-07178California3,881 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 LAURA C. DE LA CABADA, et al., Case No. 19-cv-07178-JSC

Plaintiffs,

ORDER RE: DEFENDANT’S MOTION

v. TO DISMISS FIRST AMENDED

COMPLAINT

YTEL, INC., Re: Dkt. No. 21 Defendant.

12 Laura C. De la Cabada and Debra Williams (together, “Plaintiffs”) bring this action on behalf of themselves and as a putative class action against Ytel, Inc. (“Ytel” or “Defendant”), alleging violations of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227. (Dkt. No. 20.) Now before the Court is Defendant’s motion to dismiss the first amended complaint for failure to state a claim, pursuant to Federal Rule of Civil Procedure 12(b)(6). After careful consideration of the parties’ briefing and having had the benefit of oral argument on March 5, 2020, the Court DENIES Defendant’s motion because the complaint’s allegations give rise to a plausible inference that Ytel is liable under the TCPA. BACKGROUND I. Complaint Allegations…

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