United States District Court, M.D. Pennsylvania
DAWN HARTLEY-CULP, individually and on behalf of all others similarly situated, Plaintiff
GREEN TREE SERVICING, LLC; FEDERAL NATIONAL MORTGAGE ASSOCIATION FANNIE MAE and RESOLVE SOLUTION SERVICES CORPORATION;, Defendants
For Dawn Hartley-Culp, individually and on behalf of all others similarly situated, Plaintiff: Cynthia Levin, LEAD ATTORNEY, Law Offices of Todd M. Friedman, PC., King of Prussia, PA.
For Green Tree Servicing, LLC, Defendant: Martin C. Bryce, Jr., Steven C Sacalis, Ballard Spahr, LLP, Philadelphia, PA.
For Federal National Mortgage Association Fannie Mae, Defendant: Lesli C. Esposito, Michael E. Bushey, DLA Piper U.S. LLP, Philadelphia, PA; John D. Huh, DLA Piper LLP (U.S.), Philadelphia, PA.
JAMES M. MUNLEY, United States District Judge.
Before the court for disposition is Defendant Federal National Mortgage Association Fannie Mae's (herein after " Fannie Mae" ) motion to dismiss plaintiff's complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). The matter has been fully briefed and is ripe for disposition. for the reasons explained below, the court will deny Fannie Mae's motion.
The instant case arises from automated phone calls placed to plaintiff's cellular telephone, which plaintiff alleges were a violation of the Telephone Consumer Privacy Act (hereinafter " TCPA" ), 47 U.S.C. § 227 et seq. (Doc. 26, Pl.'s Second Am. Compl. (hereinafter " Compl." ) ¶ 1).
Beginning on August 29, 2013, plaintiff received at least twenty-six(26) phone calls from Defendant Resolve Solution Services Corporation(hereinafter " Resolve" ). (Id. at 4). The calls conveyed a pre-recorded message addressed to a person named Lee Culp, in which the speaker stated, " Resolve is calling on behalf of Freddie Mac regarding your Green Tree Servicing LLC mortgage loan..." (Id.) Plaintiff informed defendants that they were placing calls meant for Lee Culp to her number, but the calls continued. (Id. at 5). At no time did plaintiff provide her cellular telephone number or any other personal information to any of the defendants, and she has never been a customer of Green Tree Servicing LLC (hereinafter " Green Tree" ). Plaintiff did not consent to any of the defendants calling her. (Id.)
Plaintiff initiated the instant action on February 5, 2014 (Doc. 1), and filed the current amended complaint (Doc. 26) on May 21, 2014. Defendant Green Tree answered on June 4, 2014. (Doc. 31). Plaintiff filed a motion for class certification on June 6, 2014. (Doc. 33). That motion was stayed on June 24, 2014 (see Doc. 35), pending disposition of Defendant Fannie Mae's motion to dismiss, filed June 18, 2014 (Doc. 34).
Because this case is brought pursuant to the TCPA, 47 U.S.C. § 227 et seq., the court has jurisdiction pursuant to 28 U.S.C. § 1331. (" The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States." ).
Standard of Review
The court tests the sufficiency of the complaint's allegations when considering a Rule 12(b)(6) motion. All well-pleaded allegations of the complaint must be viewed as true and in the light most favorable to the non-movant to determine whether, " 'under any reasonable reading of the pleadings, the plaintiff may be entitled to ...