Bank of America Corp. can’t rely on the U.S. Supreme Court’s recent Spokeo v. Robins decision to get out of a class action over its telemarketing calls, a federal judge in Newark has ruled.
Bank of America argued that named plaintiff Mark Leyse had neither statutory standing nor Article III standing to bring his Telephone Consumer Protection Act suit because he failed to satisfy his burden to plead a concrete injury, as required in Spokeo. The suit claims that the bank made an automated telemarketing call to Leyse’s home phone in 2005, in violation of the TCPA, but the bank maintains that Leyse’s failure to allege that he answered the phone bars him from claiming he was injured by it.
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