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CHARVAT v. ALLSTATE CORP.

No. 13 C 7104.

29 F.Supp.3d 1147 (2014)

Philip J. CHARVAT on behalf of himself and others similarly situated, Plaintiff, v. The ALLSTATE CORPORATION, and Esurance Insurance Company, Defendants.

United States District Court, N.D. Illinois, Eastern Division.

Signed March 5, 2014.

Attorney(s) appearing for the Case

Alexander Holmes Burke , Burke Law Offices, LLC, Chicago, IL, Anthony Paronich , Edward A. Broderick , Broderick Law, P.C., Boston, MA, Matthew P. McCue , Law Office Of Matthew P. McCue, Pro Hac Vice, for Plaintiff.

Carl G. Roberts , Mark Levin , Ballard Spahr LLP, Philadelphia, PA, Mark L. Hanover , Dentons US LLP, Chicago, IL, for Defendants.

ORDER

Defendants' motion to dismiss, or in the alternative, to refer the "subsequent consent" issue to the FCC under the doctrine of primary jurisdiction, is denied.

STATEMENT

Defendants raise three arguments for dismissing plaintiffs TCPA claim: first, that...

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