Jasmine Robertson v. TrueAccord Corp., et al.

Summary

The United States District Court for the Southern District of Texas adopted two magistrate judge memoranda and recommendations after finding no clear error and receiving no objections. The court granted TrueAccord Corporation's motions to dismiss and for summary judgment, dismissing the claims against it with prejudice, and granted January Technologies, Inc.'s motion to dismiss the TCPA claim while allowing the FDCPA claims to proceed.

Holdings

1. Because no objections were filed, the district court reviewed the memoranda and recommendations for clear error, found none, and adopted them in their entirety.
2. TrueAccord Corporation's motion to dismiss and converted motion for summary judgment were granted, and all of Robertson's claims against TrueAccord were dismissed with prejudice.
3. January Technologies, Inc.'s motion to dismiss was granted in part: it was granted as to the TCPA claim and denied as to the FOCPA claims. Robertson's FDCPA claims against January remained pending.

Questions Presented

1. Whether the district court should adopt the magistrate judge's memoranda and recommendations after reviewing them for clear error under Federal Rule of Civil Procedure 72(b).
2. Whether TrueAccord Corporation's motion to dismiss and converted motion for summary judgment should be granted.
3. Whether January Technologies, Inc.'s motion to dismiss should be granted in part as to the TCPA claim while denied as to the FOCPA claims.

Disposition

other