the November 7 and November 8 , 2023 calls were ‘ within 1 day of each other ’ and came ‘ from similar 314 telephone numbers ’ showing that if the last call came from Defendant , the rest must have as well . Id . However , this is a stretch , and still insufficient because the proximity of the last two calls and similarity in number could very well be coincidental , which is not enough to tie them together or to Defendant .
Wow .
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The Reassigned Numbers Database ( RND ) is THE authoritative registry for ALL permanently disconnected TNs in the United States ; including landline , mobile , and toll-free numbers .
A simple query of the RND can help assure that outgoing calls and texts are legitimate and lawful . An assurance that can help you avoid costly and time-consuming litigation .
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Plaintiff tried to say all calls came from SLS because they started with the same pitch , offered the same product , and came within a short time of one another , but the Court viewed those facts as coincidental and not sufficient to state a claim against SLS .
It should be noted courts are supposed to read inference in favor of Plaintiff at the pleading stage . So most courts would view these facts as sufficient to state a claim . But the Honorable MJ Maynard was simply not buying it and sent the Plaintiff packing here .
This is a good one for defense lawyers to keep in mind . It is quite common for a plaintiff to allege a string of calls culminating in a single pick up resulting in the identification of a caller . Be very detail-oriented in scanning the complaint to determine whether facts are alleged linking the calls to the Defendant . The complaint in this case repeatedly alleged the calls came from defendant , but those allegations were treated as mere conclusions and disregarded in light of the specific facts failing to tie the calls to SLS .
Very interesting ( and helpful ) stuff .
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