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Banks v. Pro Custom Solar

Vicarious Liability for TCPA Violations, by Purported Agent, Sufficiently Alleged

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ORDER  Plaintiff Todd Banks, individually and on behalf of a putative class, brings the instant action against Defendant Pro Custom Solar LLC, d/b/a Momentum Solar (“Momentum Solar”), alleging that Defendant violated the Telephone Consumer Protection Act, 47 U.S.C. §227 (the “TCPA” or the “Act”) and New York General Business Law §399-p (“NYGBL”) by initiating or authorizing two “robocalls” to Plaintiff’s residential telephone number without Plaintiff’s consent. Defendant moves pursuant to Federal Rule of Civil Procedure 12(b)(6) to dismiss the amended complaint.BACKGROUND1Plaintiff received unsolicited calls on December 29, 2016, and January 12, 2017 (collectively the “Calls”), to his residential telephone line. (Am. Compl.

12, 26, ECF No. 15.) When Plaintiff answered the Calls, a prerecorded voice, which identified itself as Steven with Home Solar Solutions, asked a series of questions regarding home ownership and energy costs. (Id.

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