Mannacio

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 EUGENE MANNACIO, Case No. 20-cv-08679-HSG

Plaintiff, ORDER DENYING MOTION TO

DISMISS

v. Re: Dkt. No. 19 ALPHACORE CAPITAL LLC, Defendant.

12 Pending before the Court is Defendant AlphaCore Capital LLC (“AlphaCore”)’s motion to dismiss Plaintiff Eugene Mannacio’s complaint, for which briefing is complete. Dkt. Nos. 19(“Mot.”), 24 (“Opp.”), and 26 (“Reply”). Defendant alternatively moves to strike various allegations. For the following reasons, the Court DENIES Defendant’s motion.1 I. MOTION TO DISMISS Plaintiff brings this Telephone Consumer Protection Act, 46 U.S.C. § 227 (“TCPA”), putative class action against Defendant on behalf of himself and a putative class of others similarly situated. See generally Dkt. No. 1 (“Compl.”). Plaintiff alleges that Defendant violated a regulation, 47 C.F.R. § 64.1200, promulgated under the statute, in violation of 47 U.S.C. § 227(c)(5). Defendant seeks dismissal or an order striking…