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BOYDSTON v. ASSET ACCEPTANCE LLC

No. C06-04999 JCS.

496 F.Supp.2d 1101 (2007)

John C. BOYDSTON, Plaintiff, v. ASSET ACCEPTANCE LLC, Defendant.

United States District Court, N.D. California.

July 23, 2007.

Attorney(s) appearing for the Case

Tomio B. Narita, Jeffrey A. Topor, Simmonds & Narita LLP, San Francisco, CA, for Defendants.

ORDER TO REMAND FOR LACK OF SUBJECT MATTER JURISDICTION

SPERO, United States Magistrate Judge.

I. INTRODUCTION

Defendant, Asset Acceptance LLC, ("Asset") brings this Motion for Summary Judgment ("the Motion"), seeking dismissal of Plaintiff John Boydston's claim that Defendant violated the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. § 227. The TCPA limits the use of "an artificial or prerecorded voice" in calls to residential...

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