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Roeder v. Collection Bureau of the Hudson Valley Inc.

Court Has Jurisdiction Over TCPA Class Under Portion of Statute Not Invalidated by 'Barr'

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OPINION AND ORDER Plaintiff Adam Roeder (“Plaintiff”) brings this class action pursuant to the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. §227, et seq., alleging that the Collection Bureau of the Hudson Valley, Inc. (“Defendant”) and/or its agents transmitted unwanted solicitation telephone calls to Plaintiff and other class members using a prerecorded voice in the four years prior to the filing of the complaint on August 6, 2020 (the “Complaint”). (Docket No. 1). Defendant now moves pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure for dismissal based on lack of jurisdiction (the “Motion”).1 (Docket No. 26). Plaintiff opposed the Motion, (Docket No. 27), and Defendant replied, (Docket No. 28). For the following reasons, Defendant’s motion to dismiss is denied. I. BACKGROUND For purposes of resolving the instant motion, the Court accepts as true the facts set forth in Plaintiff’s Complaint. See Tandon v. Captain’s Cove Marina of Bridgeport, Inc., 752 F.3d 239, 243 (2d Cir. 2014). Defendant is a private debt collection agency headquartered in Newburgh, New York that conducts business throughout the United States. (Docket No. 1

2, 14). As part of that business, Defendant contacts consumers without their consent to collect on their debts using prerecorded voice messages. (Id.

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