Cupp v. ABC-Amega, Inc.

Summary

The United States District Court for the Northern District of California granted defendants’ motion to dismiss Ronald Cupp’s claims arising from alleged debt-collection calls. The court dismissed the Fair Debt Collection Practices Act and Rosenthal Act claims with prejudice as untimely and dismissed the Telephone Consumer Protection Act claim with leave to amend because the complaint did not adequately allege use of an automatic telephone dialing system. The court permitted amendment by May 1, 2025.

Holdings

1. The FDCPA and Rosenthal Act claims were barred by their one-year statutes of limitations because the alleged collection calls occurred between May and December 2022, while Cupp filed suit in October 2024.
2. Cupp failed to state a TCPA claim because he alleged only conclusorily that defendants used an automatic telephone dialing system and pleaded facts suggesting that live operators specifically targeted him.
3. The TCPA claim was dismissed without prejudice, with leave to amend solely to add allegations concerning whether defendants used an ATDS and whether Cupp consented to the communications.

Questions Presented

1. Whether Cupp's FDCPA and Rosenthal Act claims were barred by their one-year statutes of limitations.
2. Whether Cupp adequately pleaded that defendants used an automatic telephone dialing system in violation of the TCPA.
3. Whether Cupp should receive leave to amend his TCPA claim.

Disposition

other