Defendant's Attorney: Make Kundmueller and Ethan Ostroff

Description: Detroit, Michigan consumer law lawyer represented the Plaintiff who sued on a Telephone Consumer Protection Act violation theory.

Antonio Lynn Fluker, Jr. allegee that Ally Financial called his cell phone hundreds of times, without his consent, while seeking to recover on a car loan debt. He also alleges that these calls were made using both a pre-recorded voice and an automatic telephone dialing system, in violation of the statute. For these alleged violations, Fluker seeks $300,000 under the statute’s liquidated damages provision and an additional $1 million in punitive damages.

Outcome: Ally Financial moved to dismiss for failure to state a claim, which the district court granted. Because Fluker’s complaint largely parrots the statute without providing sufficient supporting factual allegations, we affirm.

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