Junk Call Class Action Against Talus Payments Survives Dismissal

FPT Operating Co. must face a proposed class action alleging it made marketing calls to consumers without their consent in violation of the Telephone Consumer Protection Act.

Plaintiff Maura Scherrer plausibly alleged that the system used by FPT in making the calls was an automatic telephone dialing system within the meaning of the TCPA, Judge S. Kato Crews of the US District Court for the District of Colorado said Thursday, rejecting FPT’s motion to dismiss.

Scherrer alleged that FPT, a business-payments processing provider doing business as Talus Payments, violated the TCPA by calling her cellular telephone number and those of ...