Nichols

I. INTRODUCTION

21 Defendant and Cross-Defendant PolicyScout, LLC moves to dismiss both Plaintiff’s 22 Amended Complaint and 360 Insurance Group LLC’s Cross-Complaint. For the reasons 23 articulated below, the motion to dismiss is granted for lack of personal jurisdiction, with leave to 24 amend.

26 27 II. BACKGROUND1 Plaintiff Terri Lee Nichols (“Nichols”), a resident of San Jose, California, alleges that she received a pre-recorded telemarketing call, which was left as a voicemail. Upon returning the call on May 12, 20222, Nichols spoke to a representative from Defendant and Cross-Claim Plaintiff 360 Insurance Group LLC (“360 Insurance”), a Missouri limited liability company. The representative identified herself as promoting Medicare products as part of her employment with 360 Insurance. Because Nichols did not consent to this or any communication from 360 Insurance, she seeks to sue 360 Insurance on behalf of herself and a class of similarly situated individuals for violations of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227 et seq. After the instant suit was filed, 360 Insurance…