Judge Grants MSJ For Defense in TCPA Case After Plaintiff Can’t Find Records That Calls Were Made

A District Court judge in Colorado has granted summary judgment in favor of a defendant that was accused of violating the Telephone Consumer Protection Act, even though the plaintiff’s call records did not show any calls from the defendant and the defendant did not even have the account when some of the calls were allegedly made.

A copy of the ruling in the case of Robinson v. ACG Processing can be accessed by clicking here.

The plaintiff alleged an agent of the defendant made four calls to the plaintiff — two in April 2016 and two in August 2016. But the plaintiff’s could not find any reference to the calls on his cell phone records, and records from the defendant indicate it did not receive the account until July 2016, months after the two April calls were allegedly made.

The calls could not be identified, the plaintiff said, because of “unlawful technologies used to disguise the origins of phone calls,” and the plaintiff contested all of the evidence provided by the defendant, even though he had “no evidence in support of his claims and merely makes self-serving statements that are conclusory and indeed, refuted by the evidence,” according to the ruling from Judge Marcia Krieger from the District Court for the District of Colorado.

Wrote Judge Krieger in granting the defendant’s motion: “No reasonable jury could find that an entity identified as [the defendant] placed a call to Mr. Robinson’s cell phone in April or August 2016.”

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