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Stoops v. Wells Fargo Bank

United States District Court for the Western District of Pennsylvania

197 F. Supp. 3d 782 (2016)

Facts

The Telephone Consumer Protection Act (TCPA) prohibited calling consumers with prerecorded messages without consent. Melody Stoops (plaintiff) purchased numerous cell phones, each with a unique phone number, solely in the hopes of receiving numerous calls and ultimately finding a TCPA violation for which she could bring a private action. Indeed, Stoops admitted that she effectively used the TCPA as a business. Stoops sued Wells Fargo Bank (Wells Fargo) (defendant) for violating the TCPA. Wells Fargo filed a motion to dismiss, claiming that Stoops lacked standing to bring the TCPA claim. Stoops argued, among other things, that the zone of interest she sought to protect was her personal privacy.

Rule of Law

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Issue

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Holding and Reasoning (Gibson, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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