This was the central question addressed by the Eastern District of New York earlier this week in M.A. v. Nra Group, 2019 U.S. Dist. LEXIS 93444, 17–cv-7483 (NG) (RLM) (filed June 4, 2019).
The plaintiff, an 11-year old, received a cell phone from his grandmother for his birthday. Over a succeeding 9-month period, the defendant attempted to reach a debtor fifty-five times at the plaintiff’s phone number. Of course, neither the youngster nor his mother who was the named representative on the account had consented to receive such calls. The plaintiff sued under the TCPA and moved for summary judgment.
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