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Date: 09-09-2021

Case Style:

David L. Boykin v. Green Mountain Energy Company

Case Number: 6:21-cv-00563-ADA-JCM

Judge: Alan D Albright

Court: United States District Court for the Western District of Texas (McLennan County)

Plaintiff's Attorney:


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Defendant's Attorney: Ryan Michael Goodlan and William Benjamin Thomas

Description: Waco, TX: Consumer law lawyer represented Plaintiffs, who sued Defendant on telephone consumer protection act violation theory.

47 U.S.C. 227 provides in part:

(1) ProhibitionsIt shall be unlawful for any person within the United States, or any person outside the United States if the recipient is within the United States—
(A) to make any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using any automatic telephone dialing system or an artificial or prerecorded voice—
(i) to any emergency telephone line (including any “911” line and any emergency line of a hospital, medical physician or service office, health care facility, poison control center, or fire protection or law enforcement agency);
(ii) to the telephone line of any guest room or patient room of a hospital, health care facility, elderly home, or similar establishment; or
(iii) to any telephone number assigned to a paging service, cellular telephone service, specialized mobile radio service, or other radio common carrier service, or any service for which the called party is charged for the call, unless such call is made solely to collect a debt owed to or guaranteed by the United States;

Outcome: Settled for an undisclosed sum and dismissed with prejudice.

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